Agenda packet — Livermore City Council, April 24, 2023 (part 1 of 2)

CITY COUNCIL
AGENDA
MONDAY, APRIL 24, 2023
REGULAR HYBRID MEETING –
7:00 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

ZOOM WEBINAR:
***ATTENTION: Zoom update requirements found at the bottom of the agenda*** https://us02web.zoom.us/j/87522295035
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 875 2229 5035
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29.org
John P Marchand, Mayor
Brittni Kiick, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Robert W Carling, Council Member
Livermore City Council Agenda
April 24, 2023

1 1.

CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Presentation of the 2023 Livermore Water Conservation Art Contest Awards.

Recommendation:

Staff recommends City Council present awards to the finalists of this year's Livermore Water Conservation Art Contest.

Staff Report

Attachments:

1. 2023 Art Contest Council Presentation

3.2 Proclamation recognizing May 2023 as Community Service Recognition Month in the City of Livermore. Presented to Judy Erlandson Acting Assistant Public Works Director.

Recommendation:

Staff recommends the City Council recognize May 2023 as Community Service Recognition Month to highlight the significant differences that volunteers make to the City of Livermore.

Staff Report

Attachments:

1. Proclamation

3.3 Proclamation declaring April 23 - 29, 2023 National Crime Victims' Rights Week, presented to Lindsay Reynolds, Senior Victim and Witness Advocate at Alameda County.

Recommendation:

Staff recommends the City Council declare April 23 - 29, 2023 as National Crime Victims' Rights Week.

Staff Report

Attachments:

1. Proclamation

3.4 Proclamation declaring April 2023 as Arts, Culture and Creativity Month presented to Anne Giancola, Visual Arts and Education Manager at Livermore Valley Arts.

ROLL CALL

Council Member Ben Barrientos
Council Member Evan Branning
Council Member Robert W. Carling
Vice Mayor Brittni Kiick
Mayor John Marchand

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
April 24, 2023

2 Recommendation:

Staff recommends City Council declare April 2023 as Arts, Culture and Creativity Month.

Staff Report

Attachments:

1. Proclamation

4. OPEN FORUM

In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.

To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.

To provide public comment virtually, please log into Zoom and use the 'raise hand' feature.

Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.

5. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom. Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

5.1 Approval of draft minutes - April 10, 2023 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. 2023-04-10 Draft Meeting Minutes

5.2 Resolution authorizing the City Manager to execute a right-of-way agreement between the City of Livermore and Mobilitie LLC, a Nevada limited liability company for the installation and maintenance of broadband data communication infrastructure within the City’s public right-of- way.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to sign on behalf of the City, a right-of-way agreement between the City of Livermore and Mobilitie LLC

Livermore City Council Agenda
April 24, 2023

3 (Mobilitie) for the installation and maintenance of broadband data communication infrastructure within the City’s public right-of-way.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

5.3 Resolutions designating the City Manager as the City's agent for federal and state disaster assistance and naming the City Engineer and Assistant City Engineers as the City Manager’s designees and appropriating $802,000 in funding in FY 2022-23 for 2023 Storm Capital Improvement Programs.

Recommendation:

Staff recommends the City Council adopt the following resolutions:
1 .

A resolution designating the City Manager as the City's agent for federal and state disaster grant assistance and designating the City Engineer and Assistant City Engineers as the City Manager’s designees.
2 .

A resolution appropriating $802,000 in funding in FY 2022-23 for 2023 Storm Capital Improvement Programs.

Staff Report

Attachments:

1. Resolution - Delegation of Agent

2. Resolution - Supplemental Appropriation

5.4 Resolution authorizing the City Manager to execute and renew a Revenue-Sharing Agreement for wireless telecommunication facility leases with Livermore Area Recreation and Park District (LARPD).

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute and renew a Revenue Sharing Agreement between the City of Livermore and Livermore Area Recreation and Park District (LARPD) for revenue generated by wireless telecommunication facility leases.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Revenue Sharing Agreement

5.5 Resolution authorizing the continued participation in the Alameda County Home Consortium for Home Investment Partnership Program funds; and the execution of an agreement with Alameda County for participation in the Alameda County Home Consortium for federal fiscal years 2024, 2025, and 2026

Recommendation:

Staff recommends the City Council adopt a resolution:

Livermore City Council Agenda
April 24, 2023

4 1
.

Authorizing the continued participation by the City of Livermore in the Alameda County HOME Investment Partnership Program Consortium for HOME Investment Partnership funds (HOME).
2 .

Authorizing the City Manager, or her designee, to execute the HOME Consortium Agreement between the City of Livermore and the County of Alameda to receive HOME funding for federal fiscal years 2024, 2025, and 2026.

Staff Report

Attachments:

1. Resolution

2. Exhibit A- HOME Consortium Agreement

5.6 Resolution authorizing execution of an agreement with Pangea Environmental Services, Inc., in an amount not-to-exceed $1,165,000, to provide environmental support services to close out three environmental cleanup cases in the Downtown Core as part of Livermore Village Remediation, Project 2021-18.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement with Pangea Environmental Services, Inc., in an amount not-to-exceed $1,165,000, to provide environmental support services to close out three environmental cleanup cases in the Downtown Core as part of Livermore Village Remediation, Project 2021-18.

Staff Report

Attachments:

1. Site Plan

2. Resolution

3. Exhibit A - Pangea Agreement

5.7 Resolution authorizing the City Manager to execute a lease agreement with the Livermore Flying Electrons Radio Control Club, Inc. that allows them to continue operating the Raymond Road Model Aircraft Facility.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a lease agreement with the Livermore Flying Electrons Radio Control Club, Inc. that allows them to continue operating the Raymond Road Model Aircraft Facility.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Lease Agreement

5.8 Resolution authorizing execution of license agreements with First Street Alehouse, Plucked Chicken & Beer, La Botica, and Los Caporales that will allow the use of the trash enclosure facility being constructed by the City in the surface parking lot between Veterans Way and

Livermore City Council Agenda
April 24, 2023

5 First Street.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute license agreements with First Street Alehouse, Plucked Chicken & Beer, La Botica, and Los Caporales that will allow these restaurants to use the trash enclosure facility being constructed by the City in the surface parking lot between Veterans Way and First Street.

Staff Report

Attachments:

1. Site Plan

2. Resolution

3. Exhibit A - Alehouse

4. Exhibit B - Plucked

5. Exhibit C - La Botica

6. Exhibit D - Los Caporales

5.9 Resolution approving revisions to the existing policy for Leasing City of Livermore-Owned Properties for Wireless Telecommunication Facilities.

Recommendation:

Planning Commission and staff recommend the City Council adopt a resolution approving revisions to the Policy for Leasing City of Livermore-Owned Properties for Wireless Telecommunication Facilities.

Staff Report

Attachments:

1. Map of Preselected Telecom Sites

2. Proposed Policy and Lease Template

3. Existing Policy

4. Resolution

5. Exhibit A - Planning Commission Resolution 05-23

6. Exhibit B - Planning Commission Staff Report

7. Exhibit C - Planning Commission Meeting Minutes

5.10 Resolution approving and appropriating the allocation of Community Development Block Grant, Home Investment Partnership Program, Social Opportunity Endowment, and In-Lieu Housing funds, in the total amount of $1,187,863 and approving a one-time allocation of General Funds in the total amount of $78,951 for Fiscal Year 2023-24.

Recommendation:

Staff and the Human Services Commission recommend the City Council adopt a resolution:

1 .

Appropriating $1,187,863 as listed below and authorizing the City Manager to negotiate and execute all related documents, grant agreements, and modifications. a
.

Community Development Block Grant Funds (Fund 613) in the amount of $804,865
b
.

HOME Investment Partnership Program Funds (Fund 671) in the amount of

Livermore City Council Agenda
April 24, 2023

6 $148,123
c
.

Social Opportunity Endowment Funds (Fund 620) in the amount of $25,875 d
.

In-Lieu Housing Funds (Fund 611) in the amount of $209,000 2 .

Approving a one-time allocation of General Funds to fund five applications in the amount of $78,951. These applications were recommended by the Commission for funding but were unable to be awarded due to the insufficient availability of Social Opportunity Endowment funds.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Fiscal Year 2023-24 Grant Recommendations

3. Exhibit B- Human Service Commission Additional Recommended Projects for Funding FY 2023-24

5.11 Resolution authorizing a supplemental appropriation in the amount of $2,755,000 to Fiscal Year 2023-24 and awarding and authorizing execution of an agreement with Pavement Coatings Co., in an amount not-to-exceed $2,275,101, for construction of the 2021 Slurry Seal, Project No. 2021-04.

Recommendation:

Staff recommends the City Council adopt a resolution for the 2021 Slurry Seal Project 2021- 04:

1 .

Authorizing a supplemental appropriation of Solid Waste & Recycling Impact Fees (Fund 344) in the amount of $55,000 from FY 2022-23 to FY 2023-24 and $510,000 to FY 2023-24;
2 .

Authorizing a supplemental appropriation of Gas Taxes (Fund 650) in the amount of $1,645,000 from FY 2022-23 to FY 2023-24;
3 .

Authorizing a supplemental appropriation of $300,000 in Gas Tax-SB1 (Fund 651) from FY 2022-23 to FY 2023-24;
4 .

Authorizing a supplemental appropriation of $245,000 in Facilities Rehabilitation Program (Fund 740) to Fiscal Year 2023-24;
5 .

Awarding a construction contract to Pavement Coatings Co., in an amount not-to- exceed $2,275,101, and authorizing the City Manager to sign the agreement; 6 .

Rejecting all other bids or proposals, and
7 .

Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution including approving minor changes to the proposed agreement.

Staff Report

Attachments:

1. Street List

2. Location Map

3. Resolution

4. Exhibit A - Construction Contract

5.12 Resolution ratifying the acceptance and appropriation of the Alameda County Homeless

Livermore City Council Agenda
April 24, 2023

7 Housing, Assistance and Prevention (HHAP) Program funds in the amount of $423,010 to provide operating subsidies in new and existing affordable or supportive housing units.

Recommendation:

Staff recommends the City Council adopt a Resolution ratifying the acceptance and appropriation of the Alameda County Homeless Housing, Assistance and Prevention (HHAP) Program grant funds and the City Manager to sign related agreements, as follows:

1 .

Ratify the City's acceptance and appropriation of the Alameda County HHAP funds in the total amount of $423,010.
2 .

Authorize the City Manager, or her designee, to sign all documents related to the execution of the HHAP funding agreements in substantially the same form as the agreement attached to the resolution as Exhibit A, and related documents with the County of Alameda for the City of Livermore HHAP funds. 3 .

Authorize the City Manager, or her designee, to sign all documents related to the execution of grant agreements with agencies receiving allocations of funds from the City of Livermore HHAP funds, including the selection of and contracting with service providers in amounts exceeding $100,000, consistent with the requirements of the agreement attached hereto as Exhibit A.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - County HHAP Agreement

5.13 Resolution authorizing the City Manager to execute a Purchase Order with Stryker Medical for the purchase of eleven (11) replacement Lunde University Cardiopulmonary Assist System (LUCAS) chest compression devices for the Livermore-Pleasanton Fire Department Joint Powers Authority in an amount not-to-exceed $182,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager, on behalf of the Livermore Pleasanton Fire Department in her capacity as Joint Executive Director for Livermore-Pleasanton Fire Department Joint Powers Authority, to execute a purchase order with Stryker Medical for the purchase of eleven (11) replacement Lunde University Cardiopulmonary Assist System (LUCAS) chest compression devices for the Livermore- Pleasanton Fire Department Joint Powers Authority for Fiscal Year 2022-23 in an amount not- to-exceed $182,000.

Staff Report

Attachments:

1. Quote

2. Sole Source Letter

3. Resolution

5.14 Resolution of continued local emergency.

Recommendation:

Livermore City Council Agenda
April 24, 2023

8 Staff recommends the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events.

Staff Report

Attachments:

1. Resolution

5.15 Resolution delegating authority to the City Manager to appoint the City's representative to the Tri-Valley Community Television Board of Directors.

Recommendation:

Staff recommends the City Council adopt a resolution delegating authority to the City Manager to appoint the City's representative to the Tri-Valley Community Television Board of Directors.

Staff Report

Attachments:

1. Resolution

6. PUBLIC HEARINGS

6.1 Hearing to consider a resolution approving the first substantial amendment to the City of Livermore’s U.S. Department of Housing and Urban Development Fiscal Year 2022-23 Action Plan, authorizing the City Manager to negotiate and execute any related documents, and approving a supplemental appropriation in the amount of $64,610 of Human Service Facility Fee funds to support Axis Community Health

Recommendation:

Staff recommends the City Council adopt a resolution approving the first substantial amendment to the City of Livermore’s U.S. Department of Housing and Urban Development (HUD) approved Fiscal Year (FY) 2022-23 Action Plan and authorize the City Manager, or her designee, to negotiate and execute any related documents, agreements and modifications with HUD and the sub grantees, Tri-Valley Haven and Axis Community Health. Staff is also requesting a supplemental appropriation in the amount of $64,610 of Human Service Facility Fee funds (Fund 333) in FY 2022-23.

Staff Report

Attachments:

1. FY 2022-23 Final Human Services Grant Funding

2. FY 2022-23 HUD Approved Action Plan

3. Resolution

4. Exhibit A - First Substantial Amendment to FY 2022-23 Annual Action Plan

6.2 Hearing to consider the City of Livermore’s Community Development Block Grant and HOME Investment Partnership Program's Annual Action Plan for FY 2023-24 and authorize submittal to the U.S. Department of Housing and Urban Development.

Livermore City Council Agenda
April 24, 2023

9 Recommendation:

The Human Services Commission and staff recommend the City Council adopt a resolution approving the FY 2023-24 Annual Action Plan for the HOME Investment Partnership (HOME) and Community Development Block Grant (CDBG) Programs, authorizing its submittal to Alameda County for inclusion with the Alameda County HOME Consortium report, and submission to the U.S. Department of Housing and Urban Development (HUD); authorizing the City Manager, or her designee, to negotiate and execute any related documents, agreements, and modifications related to the to the Action Plan with HUD and authorizing the City Manager, or her designee, to enter into a Memorandum of Understanding (MOU) with City of the Pleasanton to perform a joint Environmental Review for Tri-Valley Haven’s Emergency Shelter Rebuild Project.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - FY 2023-24 Annual Action Plan.pdf

3. Exhibit B - HUD Certifications

7. MATTERS FOR CONSIDERATION - NONE.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on Monday, May 8, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

You can participate in the meeting in a number of ways:

Open Forum
is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. To submit a comment using Zoom, you may use the 'raise hand' feature when the item begins. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council

Livermore City Council Agenda
April 24, 2023

10 may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

Public Hearings -
The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item. To submit a comment using Zoom, you may use the 'raise hand' feature as soon as the item begins.

Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.

Special Meetings, Workshops -
The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.

eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

Speakers are limited to a maximum of 3 minutes per person. To submit a comment in person, you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. To submit a comment using Zoom, you may use the 'raise hand' feature. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.

However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.

TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia
Livermore City Council Agenda
April 24, 2023

11 Zoom Webinar:
https://us02web.zoom.us/j/87522295035

It is recommended residents use updated software to successfully join and participate in a meeting. Outdated versions may limit functionality and you may not be able to provide a public comment virtually. To download the most current version, visit zoom.us/download
.

Zoom dial in phone number: 1 669 900 6833
Meeting ID: 875 2229 5035

If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at [email protected]
.

The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda
.

Under Government Code §54957.5, any
supplemental material
distributed to the members
of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at
http://LivermoreCA.gov/agenda
.

PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,

NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda
April 24, 2023

12 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Presentation of the 2023 Livermore Water Conservation Art Contest Awards.

RECOMMENDED ACTION

Staff recommends City Council present awards to the finalists of this year's Livermore Water Conservation Art Contest.

SUMMARY
S
tudent
artists submitted
artwork
to th
e 2023
Livermore Water Conservation Art Contest,
which featured
the theme “
California Water: Back to its Roots
.” Through a community vote,
a grand prize winner

and
honorable mentions have been selected
.

DISCUSSION
In the early 1990s, the City of Livermore’s water utility, Livermore Municipal Water, and California Water Service (Cal Water) began coordinating an art contest for Livermore students to learn about the importance of water conservation through artistic expression. In 2021, Zone 7 Water Agency (Zone 7) joined as a contest cosponsor. The contest is open to any K-12th-grade student who is a Livermore resident or attends a Livermore school.

Each year, the contest has a different theme focused on saving water or the importance of water in daily life. The 2023 contest theme was “California Water: Back to its Roots”, which was designed to challenge students to learn more about the beauty and water-saving power of California native plants. Students could submit any type of visual artwork including paintings, drawings, digital illustrations, animation, and photography.

Fifty-six entries were received from students at thirteen schools and across twelve grade levels. First, staff from the sponsoring agencies narrowed the entries down to ten finalists - Annapoorani Amarnath, Sarina Mehta, Neil Vaishampayan, Sai Gayathri Penugonda, Anna Divin, Cole Gable, Joann Susan Subu, Ella Eaton, Gwyneth Gozum, and Talia McKenzie. Then the finalists' artwork was uploaded online and the Livermore community had the opportunity to vote for the grand prize winner. 13 2,156 votes were received over a two-week period and Annapoorani Amarnath, an 8th grader at Mendenhall Middle School, was selected as this year's grand prize winner.

Along with the prizes students will receive during this presentation, artwork from all ten finalists will be displayed in the Livermore Chamber of Commerce’s windows during the month of May in celebration of “Drinking Water Awareness Month”.

FISCAL AND ADMINISTRATIVE IMPACTS
Managing the contest and providing prizes utilized existing budgeted water enterprise funds of less than $500 and existing staff time.

COMMUNITY PILLAR
5: A City That Works

GOAL
6: Provide effective communication to and coordinate engagement with the community 7: Facilitate youth engagement opportunities

ATTACHMENTS

1. 2023 Art Contest Council Presentation

Prepared by: Natalie Croak
Water Resources Communications
Representative

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
14 v
Livermore Water Conservation Art
Contest Award Presentation
April 24, 2023
Presented by Livermore City Council, Zone 7 Water Agency President Sarah Palmer, & Cal Water Representatives John Freeman & Rob Seeley ATTACHMENT 1
15 Contest Background
ATTACHMENT 1
16 ATTACHMENT 1
17 ATTACHMENT 1
18 ATTACHMENT 1
19 ATTACHMENT 1
20 ATTACHMENT 1
21 ATTACHMENT 1
22 ATTACHMENT 1
23 ATTACHMENT 1
24 ATTACHMENT 1
25 ATTACHMENT 1
26 Congratulations to
this year’s finalists
ATTACHMENT 1
27 CITY COUNCIL STAFF REPORT
ITEM NO. 3.2

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Proclamation recognizing May 2023 as Community Service Recognition Month in the City of Livermore. Presented to Judy Erlandson Acting Assistant Public Works Director.

RECOMMENDED ACTION

Staff recommends the City Council recognize May 2023 as Community Service Recognition Month to highlight the significant differences that volunteers make to the City of Livermore.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Kathy Hughes
Administrative Assistant

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Proclamation declaring April 23 - 29, 2023 National Crime Victims' Rights Week, presented to Lindsay Reynolds, Senior Victim and Witness Advocate at Alameda County.

RECOMMENDED ACTION

Staff recommends the City Council declare April 23 - 29, 2023 as National Crime Victims' Rights Week.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Christine Martin
Assistant City Manager

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Proclamation declaring April 2023 as Arts, Culture and Creativity Month presented to Anne Giancola, Visual Arts and Education Manager at Livermore Valley Arts.

RECOMMENDED ACTION

Staff recommends City Council declare April 2023 as Arts, Culture and Creativity Month.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Christine Martin
Assistant City Manager

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - April 10, 2023 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2023-04-10 Draft Meeting Minutes

Prepared by: Marie Weber
Deputy City Manager/City Clerk

MINUTES

CITY COUNCIL
APRIL 10, 2023
________________________________________________________________

CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

ROLL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos (arrived late at 6:44 pm), Evan Branning and Robert W. Carling.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.

Mayor Marchand opened the public comment period.

There were no speakers and the hearing was closed.

1. ADJOURN TO CLOSED SESSION

1.1 Conference with Legal Counsel - Anticipated Administrative Enforcement and Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(4) to decide whether to initiate a City Tax Collector administrative enforcement action to collect unpaid business license taxes, or to initiate litigation, based on existing facts and circumstances, and to provide direction on a proposed settlement. (two cases.)

1. Unpaid Business Tax License Tax – Lawrence Livermore National Security, LLC, and settlement proposal.

2. Unpaid Business Tax License Tax – Sandia National
Laboratory and settlement proposal.

1.2 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (one case) 35 ATTACHMENT 1
CM/75/2 Minutes APRIL 10, 2023

1. In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-MD-2804. Discussion and direction
whether to register as an eligible Non-Litigating Subdivision to participate in the nationwide settlements that are proposed to resolve all opioids claims pending against Teva Pharmaceutical Industries Ltd, Allergan Finance, LLC and Allergan Limited, and the pharmacies CVS Health Corporation and CVS Pharmacy, Walgreens Co., Walmart Inc., and their respective parent, subsidiary, division, affiliates, joint ventures, predecessors, successors, and assigns. https://oag.ca.gov/opioids and https://nationalopioidsettlement.com/
_______________________________________________________________

REGULAR MEETING

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

ROLL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala reported the following action:

Closed Session Item 1.1
With regard to the business license tax matters, the City Council has authorized the City Manager execute two separate settlement agreements in substantially the same form as the agreements presented to the City Council in closed session, with the City Attorney’s approval as to form, one with Lawrence Livermore National Security, LLC, as the manager and operator of the Lawrence Livermore National Laboratory under contract with the U.S. Department of Energy National Nuclear Security Administration, and the other with National Technology & Engineering Solutions of Sandia LLC, doing business as Sandia National Laboratories under contract with the U.S. Department of Energy National Nuclear Security Administration.

The City Council intends this authorization to cover the signing and execution and all documents necessary to resolve the business tax matters with the parties.
36 ATTACHMENT 1
APRIL 10, 2023 Minutes CM/75/3
Upon signing by all parties, the settlement agreements will be available for inspection by the public upon request, but the tax payment and other privileged tax information will be redacted.

Closed Session Item 1.2
With regard to the National Opiate litigation, the City Council has authorized the City Manager to sign-up, register, and execute settlement agreements, with the City Attorney’s approval as to form, with the following parties in the National Opioid Litigation:

Allergan
CVS
Teva
Walgreens
Walmart
That authority extends to any and all documents and agreement necessary to participate in those settlements.

The City Council further authorized and instructed that the City Manager is authorized to make the election whether or not to receive the settlement funds, or allow them to flow to the County, after considering the costs to receive, administer, and expend the funds locally for opioid remediation.

Upon signing by all parties, the settlement agreements will be available for inspection by the public, upon request.

Lastly, Council directed staff to prepare a confirming resolution for adoption by the City Council at a future meeting.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Tournament draw for games in the 2023 Little League Intermediate World Series with Kathleen Minser, Little League Intermediate World Series - Marketing & Media Director.

Recommendation: Staff recommends the City Council administer the tournament draw for games in the 2023 Little League Intermediate World Series with Kathleen Minser, Little League Intermediate World Series - Marketing & Media Director.

Mayor Marchand and the City Council Members participated in the tournament draw.

3.2 Proclamation declaring April 2023 as Fair Housing Month presented to Steve Medeiros, President, Board of Directors of Bay East Association of REALTORS, Kevin McCallum, Vice-Chair of Local Government Relations Committee, and Mary Ann Rozsa, member of Local Government Relations Committee.

Recommendation: Staff recommends City Council declare April 2023 as Fair 37 ATTACHMENT 1
CM/75/4 Minutes APRIL 10, 2023
Housing Month.

Mayor Marchand presented the Proclamation.

4. OPEN FORUM
Mayor Marchand opened the public comment period.

David McGuigan provided a comment.

Maureen Hamm provided a comment.

John George provided a comment.

Trish Munro provided a comment.

Mary Perner provided a comment.

There were no more speakers and the public comment period was closed.

5. CONSENT CALENDAR
Mayor Marchand opened the public comment period.

There were no speakers and the public comment period was closed.

ON THE MOTION OF CM BRANNING, SECONDED BY VM KIICK, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - March 6, 2023 Special Meeting, March 13, 2023 Regular Meeting, and March 27, 2023 Regular Meeting.

Recommendation: Staff recommended the City Council approve the draft minutes.

5.2 Resolution 2023-050 and Resolution 2023-051 authorizing the execution of a professional services agreement with Daniel B. Valiao for on-call plan review services for development review projects in an amount not-to-exceed $400,000 and authorizing the execution of a professional services agreement with East Bay Municipal Consulting for on-call plan review services for development review projects in an amount not-to-exceed $400,000.

Recommendation: Staff recommended the City Council adopt resolutions authorizing the City Manager to execute agreements with Daniel B. Valiao and East Bay Municipal Consulting to provide on-call engineering support services for development projects and capital improvement projects. The terms of the agreements are from March 1, 2023 to June 30, 2025, in amounts not-to-exceed $400,000 each.
38 ATTACHMENT 1
APRIL 10, 2023 Minutes CM/75/5

5.3 Resolution 2023-052 authorizing execution of an agreement with Frogparking, Inc., to supply and install parking guidance technology in the L Street Parking Garage in an amount not-to-exceed $295,384, as part of the Livermore Village Parking Garage Construction, Project 586003.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute an agreement with Frogparking Inc, to supply and install parking guidance technology in the L Street Parking Garage in the not-to-exceed amount of $295,384 as part of the Livermore Village Parking Garage Construction, Project 586003.

5.4 Resolution 2023-053 authorizing execution of an agreement with Shute, Mihaly, and Weinberger LLP to provide planning services and legal advice for Development Code amendments and objective design standards to implement new state housing laws and Livermore's Housing Element, in an amount not-to- exceed $245,640.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of an agreement with Shute, Mihaly, and Weinberger LLP to provide planning services and legal advice for Development Code amendments and objective design standards to implement new state housing laws and Livermore's Housing Element. The term of the agreement is from May 1, 2023 to May 1, 2025, in an amount not-to-exceed $245,640.

5.5 Resolution 2023-054 directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.

Recommendation: Staff recommended the City Council adopt a resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.

5.6 Resolution 2023-055 designating Laserfiche and Accela as Trusted Systems for the management of the City's official records in electronic format and the automation of retention requirements.

Recommendation: Staff recommended the City Council adopt a resolution designating Laserfiche and Accela as Trusted Systems for the management of the City's official records and the automation of retention requirements.

6. PUBLIC HEARINGS

6.1 Hearing to receive and consider protests and direct staff to proceed with field abatement work on non-compliant properties under the 2023 Fire Hazard Abatement Program.

Recommendation: Staff recommends City Council consider all protests, and if City Council finds appropriate, adopt a resolution overruling protests, and direct 39 ATTACHMENT 1
CM/75/6 Minutes APRIL 10, 2023
staff to proceed with necessary weed abatement on all parcels requiring abatement.

Deputy Fire Chief Ryan Rucker presented the staff report.

Mayor Marchand opened the public comment period.

There were no speakers and the public comment period was closed.

ON THE MOTION OF VM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING
RESOLUTION:

Resolution 2023-056 overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.

7. MATTERS FOR CONSIDERATION

7.1 Resolution receiving the Annual Review of Military Equipment Report, determining that the equipment identified in the report complies with applicable standards, and authorizing the Military Equipment Ordinance

2.36.200 to be renewed and remain in effect.

Recommendation: Staff recommends City Council:

1. Accept the 2022 Annual Military Equipment Report;

2. Determine that the equipment identified in the report complies with the City's policy and the statutory requirements, and

3. Review Ordinance 2.36.200 and vote on whether to renew the ordinance.

Police Captain Jason Boberg presented the staff report.

Mayor Marchand opened the public comment period.

There were no speakers and the public comment period was closed.

ON THE MOTION OF CM BARRIENTOS SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING

RESOLUTION AND DIRECTED STAFF TO ENSURE LARGE TECHNOLOGY

PURCHASES, LIKE DRONES, ARE ABLE TO BE USED IN A BROAD WAY ACROSS THE CITY AND THAT STAFF DESCRIBE WHY HAVING 9
UNMANNED ARIAL SYSTEMS (UAS) IS THE APPROPRIATE NUMBER:

Resolution 2023-057 receiving the Livermore police department’s annual military equipment report 2022, and determining that the equipment identified in the report complies with the applicable standards, and determining that Livermore Municipal Code Section 2.36.200 Military Equipment Policy should be renewed and remain in effect.
40 ATTACHMENT 1
APRIL 10, 2023 Minutes CM/75/7

7.2 Discussion and Direction regarding Comprehensive General Plan Update - Land Use Alternatives Evaluations and a Resolution amending the General Plan Advisory Committee Rules of Procedure.

Recommendation: Staff recommends the City Council:

1. Receive a report from staff on the status of the comprehensive General Plan Update and the land use alternatives evaluation process,

2. Direct staff to include the geographic area east of Greenville Road in the evaluation study for the General Plan Update; and

3. Adopt a resolution amending the General Plan Advisory Committee Rules of Procedure reducing the number of members to thirteen, except that in the event of a future vacancy the committee’s membership will be reduced to the number of remaining members, and adjusting the number required to constitute a quorum to a majority of members.

Economic Development Manager Andy Ross presented the staff report.

Mayor Marchand opened the public comment period.

Carol Silva provided a comment.

Jean King provided a comment.

David Kent provided a comment.

Lori Souza provided a comment.

David Rounds provided a comment.

Donna Cabanne provided a comment.

Alan Burnham provided a comment.

There were no more speakers and the public comment period was closed.

ON THE MOTION OF VM KIICK SECONDED BY CM CARLING AND CARRIED ON A 4-1 VOTE WITH CM BARRIENTOS VOTING AGAINST THE ITEM, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2023-058 revising the composition of the general plan advisory committee and the committee’s rules of procedure.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
41 ATTACHMENT 1
CM/75/8 Minutes APRIL 10, 2023

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL

MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.

Pride Flag the City Council requested an agenda item be added to a future meeting related to raising the Pride Flag on the City Hall Campus during the month of June.

Cub Scout Pack 914 CM Carling noted his attendance that the Crossover event on March 30.

Smash my Trash CM Carling requested staff follow up with Open Forum speaker John George regarding Smash My Trash.

Innovation Tri-Valley Game Changers AwardsVM Kiick, CM Carling, and Mayor Marchand noted their attendance at the event on March 29.

8. ADJOURNMENT – at 8:49 pm to a Regular City Council meeting on Monday, April 24, 2023 at 7:00 pm at the Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
42 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the City Manager to execute a right-of-way agreement between the City of Livermore and Mobilitie LLC, a Nevada limited liability company for the installation and maintenance of broadband data communication infrastructure within the City’s public right-of-way.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to sign on behalf of the City, a right-of-way agreement between the City of Livermore and Mobilitie LLC (Mobilitie) for the installation and maintenance of broadband data communication infrastructure within the City’s public right-of-way.

SUMMARY
One of the City Council goals is to expand citywide data capabilities and broadband infrastructure.

Mobilitie LLC (Mobilitie) requested entry into the City’s rights-of-way for purposes of installing and maintaining their broadband data communications facilities consisting of optical fibers, conduits, manholes, vaults and equipment, throughout the City within the public rights-of-way.

To meet the Council’s goal for expanded broadband service, staff and Mobilitie have negotiated a draft right-of-way agreement (Agreement). This Agreement provides the general framework within which Mobilitie can install their broadband data communication infrastructure. Detailed approvals of the installation will occur through the issuance of one or more land use and/or encroachment permits by the City. This resolution will authorize the City Manager to sign and execute the final Agreement.

DISCUSSION
One of the City Council's goals is to improve citywide data capabilities and broadband infrastructure throughout the city. Mobilitie, a data communication company based out of Nevada, has proposed to provide this service throughout the City within the City’s rights-of-way. Staff met with Mobilitie to understand their proposed project and explore options that can allow them to provide this service. It was determined that the proposed agreement would be an appropriate mechanism to allow this to happen. 43 The agreement will provide the general framework within which Mobilitie can install and maintain their communications facilities. Certain specific physical design aspects of the infrastructure and detailed approvals of the installation will occur through the issuance of one or more land use and/or encroachment permits by the City.

In accordance with this agreement, Mobilitie will obtain encroachment permits from the City to install and maintain their communications facilities within the City’s rights-of-way in compliance with the provisions of all City codes, ordinances, standards, and specifications. To minimize impacts of trenching in the streets and sidewalks, Mobilitie will coordinate with other telecommunication companies to perform their work jointly when possible. Mobilitie will also coordinate with the City to avoid possible conflicts with City capital improvement projects including the City’s annual street resurfacing project.

In areas where Mobilitie trenches within the City’s right-of-way, Mobilitie at their sole expense, shall resurface and restripe the full width of the street for the entire length trenched or horizontal boring within the street with either a micro-seal or overlay as required by the City Engineer to minimize degradation of the pavement.

FISCAL AND A

DMINISTRATIVE IMPACTS

Mobilitie LLC shall pay all costs associated acquiring an encroachment permit from the City including, but not limited to permit, plan check, and inspection fees. This fee is based upon actual costs incurred for staff to review, process, and inspect the work performed by Mobilitie as part of each permit.

COMMUNITY PILLAR

2: Economy that prospers

GOAL

3: Encourage an innovation driven economy

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Mike Pato
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A

RIGHT-OF-WAY AGREEMENT BETWEEN

THE CITY OF LIVERMORE AND MOBILITIE LLC, A NEVADA LIMITED LIABILITY

COMPANY
One of the City Council goals is to expand citywide data capabilities and broadband infrastructure.

Mobilitie LLC (Mobilitie) requested entry into the City of Livermore’s (“City”) rights- of-way for purposes of installing and maintaining their broadband data communications facilities consisting in part of a bundle of optical fibers, conduits, manholes, vaults and equipment, throughout the City within the public rights-of-way.

To meet the Council’s goal for expanded broadband service, City staff and Mobilitie have negotiated a draft Right-of-Way Agreement. This Agreement provides the general framework within which Mobilitie can install their broadband data communication Infrastructure. Detailed approvals of the installation will occur through the issuance of one or more land use and/or encroachment permits by the City. This resolution will authorize the City Manager to sign and execute the final Right-of-Way Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager is authorized to sign on behalf of the City of Livermore, a Right-of-Way Agreement, attached hereto as Exhibit A and incorporated by this reference, between the City of Livermore and Mobilitie, LLC, a Nevada limited liability company, for the installation and maintenance of broadband data communication infrastructure within the City’s public right-of-way. A copy of the agreement is in the office of the City Clerk.

On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on April 24, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_______________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Right-of-Way Agreement with Mobilitie
45 Mobilitie ROW Agreement Page 1
R

IGHT OF WAY AGREEMENT

BETWEEN THE CITY OF LIVERMORE, CALIFORNIA AND MOBILITIE, LLC This Agreement is entered into as of __________________ (“Effective Date”) by and between the City of Livermore, California, a municipal corporation ("City") and Mobilitie, LLC, a Nevada limited liability company (“Company”). City and Company are sometimes referred to as a “Party” and collectively as the “Parties.”

RECITALS
A. Company has a Certificate of Public Convenience and Necessity (“CPCN”) issued by the Public Utilities Commission of the State of California (“CPUC”) to operate as a full facilities-based and resold local exchange carrier and interexchange carrier in the State of California, and as such has a non-exclusive state franchise to use the public rights-of-way under Cal. Pub. Util. Code § 7901, subject to the exercise of the City’s police powers consistent with Cal Pub. Util. Code §§ 7901 and 7901.1.

B. From time-to-time, Company desires to install communications facilities consisting in part of a bundle of optical fibers, conduits, manholes, hand holes, vaults, converters (surface and underground only), splice boxes, cabinets, surface location markers, and related equipment (each considered the “System”) within the public rights-of-way within the City located beneath or, where authorized, above the ground. In no case shall optical fibers be installed on overhead utility poles without express written authorization from the City Engineer pursuant to Section 4.02.090(C) of the Livermore Development Code. The System is shown and described in permit applications on file with the City Engineer and may be modified by subsequent permits approved by the City.

C. The purpose of this Agreement is to provide the general framework within which Company will install the System. Certain specific physical design aspects of the System and detailed approvals of the installation of the System will occur through the issuance of one or more land use and/or encroachment permits (“Permits”) by the City. This Agreement shall not be deemed to approve any particular design or installation technique. This Agreement shall apply to the System, as well as any additions, modifications or additional Systems, regardless of whether Company utilizes conduit or other facilities owned by third parties within the public rights-of-way.

AGREEMENT
In consideration of the Recitals set forth above, the terms and conditions of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereto agree as follows:

1. INSTALLATION OF SYSTEM AND COST REIMBURSEMENTS

1.1. Permitted Installation. Subject to the issuance of encroachment permits, during the term of this Agreement, Company may install and maintain the System within the City’s public DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
46 Mobilitie ROW Agreement Page 2
rights-of-way in compliance with all provisions of this Agreement. Company shall undertake and perform any work authorized by this Agreement in a skillful and workmanlike manner, free of defects.

1.2. Compliance with City Code. Company shall comply with the City of Livermore Municipal Code, Development Code, applicable City resolutions, and all published City of Livermore standards and specifications (“City Code”), currently in effect and as amended from time to time, which are incorporated herein by reference as if set forth fully herein so long as City Code does not conflict with state and federal law.

1.3. Encroachment Permits. Company shall obtain encroachment permits from the City for the installation of the System and for any other work within the City's public rights-of-way as required by City’s Municipal Code and any applicable State or federal laws, regulations or requirements. Any above-ground equipment authorized as part of this Agreement shall require the approval of the City Engineer and any other officials specified by City Code. Company shall submit all plans, schedules, and information required by City Code and the City Engineer.

Company also shall submit all required fees, bonds, letters of credit, or other security of the type required by the City Engineer in accordance with City Code. All work within the public rights-of- way shall be performed in strict compliance with an encroachment permit. Company shall comply with all regulatory requirements, including, without limitation, compliance with Company’s Certificates of Public Convenience and Necessity issued by the California Public Utilities Commission (CPUC Decision No. 22-09-011), the California Environmental Quality Act, and City requirements regarding directional boring. Company shall promptly submit to the City accurate as-built plans and record drawings certified by a professional engineer showing in detail the location, depth, and size of all Company facilities in the public rights-of-way within sixty (60) days of completion of the System. Such plans shall be submitted in the form and with the detail required by the City Engineer. Company shall submit updated as-built plans for any expansion of the System that increases the amount of right-of-way used or occupied by the Company within sixty (60) days after the completion of such expansion. To the extent allowed by the California Public Records Act (“CPRA”), City will endeavor to preserve the confidentiality of as-built plans and record drawings, and Company recognizes that the CPRA may allow for the Public to have the right to review as-built plans and record drawings.

1.4. Coordination of Excavation with Other Permittees. Company shall attend and participate in the City’s monthly “utility coordination” meetings for purposes of communicating the location and timing of work to be completed so to avoid conflicts with other agencies and or coordinate joint trenching to minimize trenching in the City’s right-of-way. The Company shall coordinate its construction work with other companies known to be installing infrastructure in the City’s public rights-of-way. At least thirty (30) days prior to commencing excavation work in the public right-of-way pursuant to this Agreement, Company shall notify in writing, on a form approved by the City, other existing or potential right-of-way users shown on the list of users maintained by the City. The notice shall describe the work to be performed, the specific rights- of-way that will be used, and the time when such work will be performed. All persons receiving such notice shall have thirty (30) days from the date thereof to inform in writing Company and the City that such person desires to perform work jointly with Company. To the extent reasonably feasible, Company shall coordinate its work with any persons timely informing Company that it desires to perform work jointly in the right-of-way provided that such persons DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
47 Mobilitie ROW Agreement Page 3
obtain any required right-of-way agreement and permits from the City as required by City Code before such persons install any facilities or use any facilities installed by Company on their behalf. Any work performed by Company on behalf of another person must be authorized by an encroachment permit issued by the City.

1.5. Use of Other City Property. Company is not authorized to use any City property located outside of the public rights-of-way, nor any City-owned infrastructure located within the public rights-of-way, such as light poles, without the express written agreement of the City.

1.6. Membership in Underground Service Alert. Pursuant to Government Code Section 4216.1, Company shall be or become a member of Underground Service Alert-Northern California.

1.7. Responsibilities Upon Completion of System. Once a permit is issued, Company shall actively pursue to complete the construction and installation of the System in accordance with the construction schedule approved by the City Engineer in the permit. After completion of all work, the Company shall exercise reasonable care in accordance with industry standards in inspecting and maintaining the System in the area affected by the System. While the System is in the City’s rights-of-way and/or after any System component has been removed, the Company shall repair and make good any injury or damage to any portion of the public rights-of-way, and any other affected area which would not have occurred had such work not been done. The Company shall upon notice from the City, immediately repair any damage in any portion of the streets, sidewalks, curbs and gutters resulting from any System, including damage to the streets, sidewalks, curbs and gutters caused by the System, its installation and or its removal. If the Company fails to act promptly, City may, at its option, make the necessary repairs or replacement, or perform the necessary work and the Company shall be charged with all of the reasonable and actual expenses for such work. The Company shall provide the City an authorized contact person that will be available seven (7) days a week that the City can contact when necessary to make any necessary repairs, make good any injury or damage to any portion of the public rights-of-way, and any other affected area which would not have occurred had such work not been done, provided any injury or damage is due to the Company’s respective negligence or willful misconduct. If the contact person is no longer with the company or no longer responsible for authorizing required repairs, the Company shall immediately inform the City of this and provide the City a new authorized contact person.

1.8. Trenching Maintenance. The Company, at their sole expense, shall resurface and restripe the full width of the street for the entire length trenched or horizontal bored within the street with either a micro-seal or overlay as required by the City Engineer to City Standards.

2. AUTHORIZED USES

2.1. Permitted Uses. This Agreement only authorizes the use of the System by Company to provide all services it is otherwise permitted to provide under its Certificate of Public Convenience and Necessity issued by the California Public Utilities Commission (No. 22-09- 011). This Agreement does not authorize the Company to use the System as a Cable System within the City, or to operate an Open Video System, as those terms are defined in federal law, for which a franchise is required (together “Franchised Video Programming Services”).

DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
48 Mobilitie ROW Agreement Page 4
Company represents and warrants that it will not use the System to provide Franchised Video Programming Services to subscribers in the City without obtaining a separate cable television franchise. Company also represents and warrants that it will require its System lessees and transferees to obtain all legally required authorizations prior to using the System.

2.2. Conveyance of Rights. This Agreement is intended to convey limited rights and interests only as to those rights-of-way in which the City has an actual interest. It is not a warranty of title or interest in any rights-of-way; it does not provide Company with any interest in any particular location within the rights-of-way; and it does not confer rights other than as expressly provided in the grant hereof.

2.3. Non-Exclusive Use — Limitations. This Agreement shall be for the non-exclusive use of the public right-of-way. By executing this Agreement, the City does not agree to restrict the number of right-of-way agreements to be executed that cover all or any part of the City for any person in the same business, a related business, or a competing business as Company. This right-of-way Agreement only authorizes company to use the public right-of-way specifically described in one or more encroachment permits issued by the City, and the use of any other public property, whether located within or outside a public right-of-way, is strictly prohibited unless authorized by written consent or a separate agreement with the City.

2.4. Undergrounding. In no case shall optical fibers be installed on overhead utility poles without express written authorization from the City Engineer pursuant to Section 4.02.090(C) of the Livermore Development Code. Company shall install communications facilities consisting in part of a bundle of optical fibers, conduits, manholes, hand holes, vaults, converters (surface and underground only), splice boxes, cabinets, surface location markers, and related equipment (each considered the “System”) within the public rights-of-way within the City located beneath or, where authorized, above the ground. The System is shown and described in permit applications on file with the City Engineer and may be modified by subsequent permits approved by the City. The City will not in any manner be responsible for any costs incurred by Company in placing Company’s System underground.

3. REQUIRED BONDS

3.1. Form of Security. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Agreement, Company shall cause to be furnished a bond (“Form of Security”) executed by a financial institution authorized to do business in the State of California in a sum to be set and approved by the City Engineer as sufficient to ensure performance of Company’s removal obligations under this Agreement, but not to exceed one hundred and ten (110) percent of the estimated cost of all removal, installation, construction, repair, relocation, or maintenance work to be performed under this Agreement. The Form of Security shall be conditioned so that Company shall observe all the covenants, terms, and conditions and faithfully perform all of the obligations of this Agreement with respect to removal, installation, construction, repair, relocation, or maintenance and to erect or replace any defective work or materials discovered in the replacement of the City’s streets or property within a period of one (1) years from the date of completion of removal, installation, construction, repair, relocation, abandonment, or maintenance work under any designated permits. This one (1) year period is to guarantee that the work is of good quality and free from DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
49 Mobilitie ROW Agreement Page 5
any defective or faulty materials or workmanship. Company may meet the obligations of this Section of this Agreement with one or more Forms of Security acceptable to the City.

3.2. Recovery. So long as the Form of Security is in place, it may be utilized by the City as provided herein for reimbursement of the City by reason of Company’s failure to pay the City for actual and reasonable costs and expenses incurred by the City with respect to removal, installation, construction, repair, relocation, or maintenance under this Agreement. City shall not draw on any Form of Security without first providing Company at least thirty (30) days written notice of any intent to draw against the Existing Security, during which time Company shall have the opportunity to cure any failure to pay any amounts due.

3.2.1. In the event Company has been declared by the City to be in default of a material provision of this Agreement relating to removal, installation, construction, repair, relocation, or maintenance and if Company fails, within thirty (30) days of mailing of the City’s default notice, to perform any of the conditions of this Agreement with respect to removal, installation, construction, repair, relocation, or maintenance or fails to begin to perform any such condition that may take more than thirty (30) days to complete, the City may thereafter obtain from the Form of Security, after proper claim is made to the financial institution, an amount sufficient to compensate the City for its damages. Upon such withdrawal from the Form of Security, the City shall notify Company in writing, by registered or certified mail, postage prepaid, of the amount withdrawn and the date thereof.

3.2.2. Thirty days after the City’s mailing of notice of the Form of Security Letter of Credit forfeiture or withdrawal authorized herein, Company shall deposit such further Form of Security, or other security, as the City may require, which is sufficient to meet the requirements of this Agreement.

3.2.3. The rights reserved to the City with respect to any Form of Security and/or Letter of Credit are in addition to all other rights of the City whether reserved by this Agreement or authorized by law, and no action, proceeding, or exercise of a right with respect to any bond shall constitute an election or waiver of any rights or other remedies the City may have.

4. TERM & TERMINATION

4.1. Duration. The term of this Agreement shall be for so long as Company has the right to access the public rights-of-way for its System under state or federal law. In the event that Company loses its right to access the public rights-of-way, excluding lawful transfers of its CPCN in conjunction with an assignment under Section 9.4 of this Agreement, then Company may seek to renew this Agreement with the City not more than one (1) year nor less than one hundred and eighty (180) days from the date that Company loses such rights. Any further extension or renewal of the Agreement will be in accordance with then applicable law.

4.2. Right of the City to Issue and Renew Agreement. Company expressly acknowledges the sole right and authority of the City to determine whether to issue and renew the Agreement as contemplated in Section 4.1.

DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
50 Mobilitie ROW Agreement Page 6

4.3. Occupancy Upon Termination. Except to the extent that Company has the legal right to continue to use and/or maintain the System pursuant to state or federal law or otherwise, Company shall discontinue use of the System immediately upon termination of this Agreement and within one hundred and twenty (120) days after termination of this Agreement, Company shall elect to either completely remove the System or, with City approval, abandon the System in place. Notwithstanding the foregoing, the City Engineer may require a shorter period due to exigent circumstances and may authorize a longer period if it is in the public interest. Any removal or relocation work by Company shall only be done pursuant to an encroachment permit, which shall not be unreasonably withheld.

Notwithstanding the termination of this Agreement, to the extent Company’s facilities lawfully remain in the public rights-of-way, Company shall comply with reasonable time, place and manner regulations or any other lawful regulations imposed by the City that are authorized by Public Utilities Code Section 7901.1 or other applicable state or federal laws.

4.4. Termination. Company may terminate this Agreement at any time upon sixty (60) days written notice to City if Company elects to discontinue occupation of the City’s right-of-way.

Upon Company’s election to terminate this Agreement under this section, Company shall either completely remove the System within one hundred and twenty (120) days after termination of this Agreement or, with City approval, abandon underground and/or flush to grade portions of the System in place. The City may terminate this Agreement by giving sixty (60) days written notice of termination upon the occurrence of any of the following:

4.4.1. Material violation of any provision of this Agreement or any encroachment permit issued hereunder, where such violation is not cured within sixty (60) days after written notice by the City or, where such violation cannot reasonably be cured within sixty (60) days, Company fails to promptly begin such cure and thereafter bring it to completion within the time required by the City.

4.4.2. An order entered by a court of competent jurisdiction approving a petition in bankruptcy or ordering the dissolution, winding up or liquidation of Company or appointing a custodian, receiver, trustee, or other officer to administer a substantial part of Company's property.

4.4.3. The revocation, expiration or other loss of applicable permits required by the City, state or federal law for the use, maintenance or operation of the System, excluding lawful transfers of its CPCN in conjunction with an assignment under Section 9.4 of this Agreement.

4.5. Termination Hearing. Within the sixty (60) day notice of termination period, in the event that Company believes there are insufficient grounds for termination, the Company may request a hearing before the City Manager or their designated hearing officer representative which will be a final decision of the City. Upon the conclusion of such hearing, the hearing officer shall decide whether this Agreement shall be terminated.

5. REMOVAL & RELOCATION
DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
51 Mobilitie ROW Agreement Page 7

5.1. Removal Due to Public Project. Upon receipt of a written demand from the City, Company, at its sole cost and expense, shall remove and relocate any System facilities installed, used and/or maintained by Company under this Agreement when such removal or relocation is made necessary due to any work proposed to be done by or on behalf of the City or other governmental agency, including but not limited to, any change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground or aboveground facilities such as sewers, drains, pipes, power lines, and tracks, subject to all applicable rules, requirements and procedures of the California Public Utilities Commission. Company shall complete the removal or relocation within one hundred and twenty (120) days of receipt of notice from the City or according to an agreed upon schedule with the City of no less than one hundred and twenty (120) days. Notwithstanding the foregoing, the City Engineer may require a shorter period due to exigent circumstances and may authorize a longer period if it will not delay the public project. If Company fails to remove or relocate the facilities within the prescribed time period, the City may remove the facilities at the expense of Company, and Company shall promptly reimburse the City any and all reasonable and actual expenses, including administrative, legal and consultant costs, within thirty (30) days after receiving an invoice from the City. Any removal or relocation work by Company shall only be done pursuant to an encroachment permit, which shall not be unreasonably withheld. All of the foregoing shall be subject to all applicable rules, requirements and procedures of the California Public Utilities Commission.

5.2. Abandonment of Facilities. No portion of the System facilities laid, installed, or constructed in the right-of-way by Company may be abandoned by Company except as permitted by this Agreement.

In the event the System, or any part thereof, is abandoned for a period of six (6) months or more, Company shall promptly vacate and remove the System or abandon the System.

Notwithstanding the foregoing, if this Agreement is terminated, this section shall not apply to the extent it is preempted by California Public Utilities Code Section 7901 or otherwise prohibited by other applicable law. In the event of such preemption, Company shall comply with reasonable time, place and manner regulations or any other lawful regulations imposed by the City that are authorized by Public Utilities Code Section 7901.1 or other applicable state or federal laws.

5.3. Repair of Rights-of-Way. Whenever construction, trenching, installation, operation, maintenance, removal or relocation of System facilities is performed under this Agreement, Company shall promptly repair and return the public rights-of-way and adjacent property to a safe and satisfactory condition to the City in accordance with the City’s street restoration standards adopted by resolution of the City Council. Company agrees to promptly complete all restoration work and to promptly repair any damage directly and proximately caused by such work at its sole cost and expense. If Company fails to do so, after prior written notice and failure to complete the restoration work within thirty (30) days of such notice, the City shall have the option to perform such work at Company's sole expense, which expenses Company shall promptly reimburse to the City within thirty (30) days after receiving a detailed and itemized invoice for such reasonable and actual expenses, including all administrative and consultant costs.

DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
52 Mobilitie ROW Agreement Page 8

6. TAXES

Company agrees that it will be solely responsible for the payment of any and all lawful taxes, fees and assessments relating to its use and maintenance of the System including but not limited to all taxes, fees and assessments listed in Company’s Certificates of Public Convenience and Necessity issued by the California Public Utilities Commission. Pursuant to Section 107.6 of the California Revenue and Taxation Code, the City hereby advises, and Company recognizes and understands, that Company’s use of the public rights-of-way may create a possessory interest subject to property taxation and that Company will be subject to the payment of property taxes levied on such interest. Subject to applicable privacy and other laws, Company will co-operate with the Alameda County Assessor in providing any information necessary for the Assessor to make a property tax determination.

7. INDEMNIFICATION

7.1. Indemnification. Company shall indemnify, protect, defend and hold harmless the City, its elected and appointed officials, employees and volunteers, from and against any and all losses directly and proximately arising from, in connection with or caused by Company’s performance of this Agreement, including, but not limited to, the following: (a) a material breach of this Agreement by Company; (b) a material breach of any representation or warranty of Company contained in this Agreement; (c) any personal injury or death caused, directly and proximately, by any act or omission of Company or its employees, sub-grantees or agents; (d) any loss of or damage to property caused, directly and proximately, by any act or omission of Company or its employees, contractors or agents; (e) the use, misuse or failure of any equipment or facility used by Company, or by any of its employees, contractors, sub- contractors or agents, regardless of whether such equipment or facility is furnished, rented, leased or loaned by or to Company; or (f) any tax, fee, assessment or other charge for which Company is responsible, but excluding any claims, losses, or damages arising from the negligence and/or willful misconduct of the City. The foregoing indemnity shall include, without limitation, fees of attorneys, consultants and experts and related costs assessed against the City by third parties for claims related to this Agreement.

7.2. Duty to Defend; Notice of Loss. Company acknowledges and agrees that its obligation to defend the City under Section 7.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any loss which actually or potentially falls within the scope of Section 7.1, regardless of whether the allegations asserted in connection with such loss are or may be groundless, false or fraudulent; and (c) arises at the time a loss is tendered to Company by the City and continues at all times thereafter. The City shall give Company prompt notice of a loss under Section 7.1 and Company shall have the right to defend, settle and compromise any such loss; provided, however, that the City shall have the right to retain its own counsel if representation of the City by the counsel retained by Company would be inappropriate due to conflicts of interest between the City and Company. The City’s failure to notify Company promptly of any loss shall not relieve Company of any liability to the City pursuant to Section 7.1, unless such failure materially impairs Company’s ability to defend the loss. Company shall seek the City’s prior written consent to settle or compromise any loss if Company contends that the City shares in liability with respect thereto.

DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
53 Mobilitie ROW Agreement Page 9

7.3. Incidental and Consequential Damages. Losses covered under this Section 7 shall not include incidental, indirect, punitive, or consequential damages (including, without limitation, any damages arising from loss of use, or lost business, revenue, profits, data, or goodwill) resulting in whole or in part from Company’s acts or omissions. Except as set forth above, nothing in this Agreement shall constitute a waiver or limitation of any rights that the City may have under applicable law with respect to such damages.

7.4. Assumption of Risk. Company shall assume all risk of damage to any and all other property of Company, or any property under the control or custody of Company while upon or near premises of City incident to the use of premises; provided, however, such assumption by Company shall not include any damage caused by the negligence, active negligence and/or willful misconduct of the City. Company releases the City from any liability, including claims for damages or extra compensation, arising from construction delays due to transportation activities by the City.

7.5. No Waiver. The failure of either Party on one or more occasions to exercise a right or to require compliance or performance under this Agreement or any other applicable state or federal law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by such Party nor to excuse the other Party from complying or performing, unless such right or such compliance or performance has been waived in writing.

8. INSURANCE

8.1. Minimum Insurance Requirements. Company shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “A” against claims that may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Company shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

8.2. Not limited by Indemnity. Any insurance required to be obtained and maintained by Company under this Agreement shall not limit in any way Company’s indemnification obligations under Section 7 of this Agreement.

8.3. Secondary Party Insurance Obligations. In the event Company hires any subcontractors, independent contractors or agents ("Secondary Parties") to install or maintain the System, Company shall require the Secondary Parties to obtain and maintain the insurance commercially reasonable for the industries of the Secondary Parties. The failure of a Secondary Party to comply with this Section 8 shall be considered a material breach of this Agreement by Company.

9. MISCELLANEOUS PROVISIONS

9.1. Uses Subordinate. This Agreement is not a grant by the City of any property interest.

This Agreement shall not create a vested right of any nature in Company to use the public rights-of-way. This Agreement is subject and subordinate to the prior and continuing right of the City and its assigns, licensees, and permittees to use any and all of the public rights-of-way for any lawful use. It is further subject to all deeds, easements, dedications, conditions, covenants, DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
54 Mobilitie ROW Agreement Page 10
restrictions, encumbrances and claims of title that may affect the public rights-of-way. Company shall be solely responsible for obtaining all necessary permits and approvals from all public and private entities.

9.2. Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and transmitted through certified or registered United States mail, or by private overnight delivery systems, to the following address or such other address of which a Party may give written notice:

To City: City of Livermore
Community and Economic Development Department
Engineering Division
1052 South Livermore Avenue
Livermore, CA 94550

To Company: Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
ATTN: Asset Management

With a copy to:

Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
ATTN: Legal Department

9.3. No Attorneys Fees. In the event that legal action is brought by either Party because of a breach of this Agreement or to enforce a provision of this Agreement as to the other, neither Party shall be entitled to recover its attorney’s fees from the other. This section 9.3 does not limit the indemnifications provided at section 7 of this Agreement.

9.4. Assignment. Company shall provide thirty (30) days’ written notice to the City prior to any assignment of this Agreement. An assignment shall not be effective until the Assignee agrees in writing to comply with and be subject to all the terms and conditions of this Agreement and City Code. This Agreement may be assigned in its entirety; however, Company shall remain liable for any outstanding obligations incurred prior to such Assignment. Notwithstanding the above, Company may in the ordinary course of its business without prior written notice to the City: (a) lease its facilities or System, or any portion thereof, to another person, (b) grant an indefeasible right of user interest in its facilities or System or any portion thereof, to another person, (c) assign to an affiliated entity of Company (defined for the purposes of this section as any person or entity that, directly or indirectly, controls, is controlled by, or is under common control with Company), (d) assign as a result of a merger, acquisition, reorganization or sale of all or substantially all assets of Company, or (e) offer or provide capacity or bandwidth from its facilities or System to another person, provided that Company at all times retains exclusive control over its facilities and System and remains responsible for locating, servicing, repairing, maintaining, relocating, or removing its facilities and System pursuant to the provisions of this DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
55 Mobilitie ROW Agreement Page 11
Agreement or take any other action with respect to this Agreement approved or required by the California Public Utilities Commission.

9.5. Entire Agreement. This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the Parties relating to the subject matter of this Agreement that are not fully expressed herein.

9.6. Amendments. This Agreement may not be amended except pursuant to a written instrument signed by all Parties.

9.7. Severability. If any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed separable from the remaining provisions of this Agreement and shall in no way affect the validity of the remaining portions of this Agreement.

9.8. Survival. All of the provisions, conditions and requirements of this agreement shall be in addition to any and all other obligations and liabilities Company may have to the City at common law, by statute, or by contract, and shall survive the City’s Agreement to Company and any renewals or extensions thereof. All of the provisions, conditions, regulations, and requirements contained in this Agreement shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of the Parties and all privileges, as well as all obligations and liabilities of each Party shall inure to its heirs, successors and assigns equally as if they were specifically mentioned wherever such Party is named herein.

9.9. Construction of Agreement. This Agreement shall be subject to, and governed and construed by and in accordance with, the laws of the State of California. In the event that suit is brought by a Party to this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California, Alameda County, or in the United States District Court, Northern District of California.

9.10. Successors. This Agreement is binding upon the successors, assigns and transferees of the Parties hereto.

9.11. Order of Precedence. To the extent the provisions of this Agreement and any permit required to be obtained by Company from the City are in conflict, the provisions of the permit shall take precedence, except that the City shall not require payment for the use of the right-of- way.

9.12. Counterparts. This Agreement may be executed in counterpart by delivering a facsimile or secure electronic copy of the signed agreement to the other Party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.

9.13. Company Certifications.

DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
56 Mobilitie ROW Agreement Page 12

9.13.1. Company certifies that the representations, warranties and certifications made in the Agreement are true and correct in all material respects as if made on the date hereof, and

9.13.2. Company Certifies the signer of this Agreement is an officer of Company authorized to execute this Agreement on behalf of Company.

***************************************************************************************************

Signatures and Attachment List on the Next Page

DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
57 Mobilitie ROW Agreement Page 13
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below.

MOBILITIE, LLC, a Nevada limited liability company:

_______________________________

By: Christopher Glass
Its: SVP, General Counsel

Date: __________________

CITY OF LIVERMORE, California, a municipal corporation:

_______________________________

By: Marianna Marysheva
Its: City Manager

Date: _______________

APPROVED AS TO FORM:

____________________________

By: _________________________
Its: Assistant/City Attorney

Date: ___________________

APPROVED AS TO INSURANCE:

____________________________

By: _________________________
Its: Analyst/Manager

Date: ___________________

Attachments:

Exhibit A – Insurance Requirements
DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458 4/4/2023 | 8:39 AM PDT
4/4/2023 | 8:45 AM PDT
Tara Mazzanti
Jas Sidhu
4/4/2023 | 8:40 AM PDT

EXHIBIT A
58 EXHIBIT A

INSURANCE REQUIREMENTS

Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$5,000,000 per occurrence/$10,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$2 ,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

Page 1 of 2 ends

DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
59 2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550

Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

Page 2 of 2 ends

DocuSign Envelope ID: 9D7D4C71-61C7-44CF-9EF5-2715D4E1D458

EXHIBIT A
60 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolutions designating the City Manager as the City's agent for federal and state disaster assistance and naming the City Engineer and Assistant City Engineers as the City Manager’s designees and appropriating $802,000 in funding in FY 2022-23 for 2023 Storm Capital Improvement Programs.

RECOMMENDED ACTION

Staff recommends the City Council adopt the following resolutions:
1 .

A resolution appropriating $802,000 in funding in FY 2022-23 for 2023 Storm Capital Improvement Programs.

SUMMARY
Storm events beginning in December 2022 and continuing through March 2023 have caused an estimated $9,000,000 of damage to City facilities. Damage includes sediment and debris, erosion and washed-out creek banks, eroded roadway shoulders and embankments, damaged trails, and exposed bridge abutments.

The City has applied for and will receive federal and state disaster assistance to partially reimburse the cost to repair the storm damage. According to the State of California Office of Emergency Services, a resolution designating an applicant's agent, authorized to sign and file all applications for disaster assistance with state and federal agencies, is required in order to be eligible to receive funding. A new resolution must be submitted every three years. Resolution No. 2020-041 making such a designation was approved on April 14, 2020. In order to continue to receive these funds, the City Council must approve a new resolution for another three years.

State and federal agencies also require the City to name the designees who will act on behalf of the City Manager on administration of the grant. These are typically project management tasks and shall include 61 and not be limited to communication and correspondence with state and federal agencies, preparation and submission of quarterly reports, time extension requests, scope change requests, grant reimbursement requests, and responding to grant audit questions.

Four new Capital Improvement Programs have been created in accordance with federal disaster categories. Emergency response, design, and repairs are necessary in FY 2022-23. Staff is requesting supplemental appropriations in FY 2022-23 for the following new programs in the FY 2021-23 Capital Improvement Plan that were created due to the December 2022/January 2023 storm event:
2023 Storm Capital Improvement Program S202300Z for General Administration and Meetings 2023 Storm Capital Improvement Program S202300A for Debris Removal 2023 Storm Capital Improvement Program S202300B for Citywide Emergency Response and Protective Measures
2023 Storm Capital Improvement Program S202300P for Permanent Repairs

DISCUSSION
In December 2022/January 2023, a particularly severe rainstorm began. The National Weather Service anticipated the storm would have widespread impact due to heavy rain and flooding that would be compounded by the saturated or near saturated soils from prior storms. As a result, the City experienced rapid rises in creeks and streams resulting in localized roadway and other flooding. In addition, strong winds with gusts up to 35-55 mph led to downed trees and power outages, with concerns of imminent threats to life and property. The heavy rains continued in February 2023 and March 2023 causing additional damage.

The storm repairs have not been fully implemented and on-going work is required to recover from the damage. Work includes removing sediment and debris from creeks and trails, repairing creek banks that have been washed away, repairing road sink holes and road embankments, repairing damaged trails, and pedestrian bridge abutments. While the repair projects are still under evaluation, staff's estimate to repair the 30 currently damaged sites is approximately $9,000,000.

The sites have been submitted to federal and state agencies. Sites eligible for Federal Emergency Management Agency (FEMA)/California Office of Emergency Service disaster recovery program pursuant to Stafford Act are included in the Cal OES-PA-095 - List of Projects (LOP). Sites on the California Road System (CRS) Map are eligible for funding under the Federal Highway Administration (FHWA)/ Caltrans Emergency Relief Program pursuant to MAP – 21 are included in Caltrans Initial Damage Estimate Form. There are sites that qualify under both FEMA and FHWA disaster recovery programs. For example, a site that qualifies for FHWA funding for repairs may also have debris from road slides and require debris removal prior to permanent repairs. FHWA has entered into an agreement with FEMA for all debris removal.

Emergency repairs are necessary for the following sites that are included in the proposed 2023 Storm Capital Improvement Program S202300B - Citywide Emergency Response and Protective Measures:

LOP 32 - Vasco Road between Garaventa Ranch Road and Dalton Avenue (Vasco Road Widening Project CIP 201837) – shoulder sink hole.

LOP 42 - Portola Avenue, between Campus Hill Drive and I-580 – road abutment slide.

The following List of Projects (LOP) are identified as high priority under the proposed 2023 Storm Capital Improvement Program S202300A - Debris Removal and/or 2023 Storm Capital Improvement Program 62 S202300P - Permanent Repairs. Staff proposes to initiate design for these sites and other sites that may become a high priority in FY 2022-23 and schedule them for construction in late summer 2023 prior to the next winter rain event, contingent upon regulatory permit approval:

LOP 5 - Airway Boulevard Culvert at Arroyo Las Positas: Debris removal in the culvert.

LOP 9 - Arroyo Mocho Trail at Stanley Blvd: Sediment and debris removal and trail repair.

LOP 11- Trail at Arroyo Mocho near Murrieta Blvd: Repair creek bank and trail.

LOP 12 - Arroyo Mocho Trail at Holmes: Debris and sediment removal and bank repair.

LOP 13 - Arroyo Mocho Trail at Anza Way: Repair damaged culvert.

LOP 18 - Arroyo Mocho Trail at Robertson Park: Restore eroded bank and trail.

LOP 37 - Sycamore Grove Park Trail at Wetmore Road: Repair trail and road.

ENVIRONMENTAL DETERMINATION
Authorization of the City Manager or designee to sign all documents related to the grant and the budget appropriation is not a project under CEQA pursuant to the Public Resources Code, Chapter 2.5, section 21065. The grant application process will not cause a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment. No lease, permit, certificate, or entitlement is being issued at this time.

Programmatic Environmental compliance review pursuant to California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) will be performed in the project development phase.

FISCAL AND ADMINISTRATIVE IMPACTS

Emergency response, repairs, and design are underway. Funding is necessary to sustain this effort. Staff is requesting the following supplemental appropriations to the Capital Improvement Plan in FY 2022-23:

An appropriation of $2,000 of Stormwater (F220) for 2023 Storm Capital Improvement Program S202300Z for General Administration and Meetings.

An appropriation of $200,000 of Stormwater (F220) for 2023 Storm Capital Improvement Program S202300A for Debris Removal.

An appropriation of $300,000 of Stormwater (F220) for 2023 Storm Capital Improvement Program S202300B for Citywide Emergency Response and Protective Measures.

An appropriation of $300,000 of Stormwater (F220) for 2023 Storm Capital Improvement Program S202300P for Permanent Repairs.

The City has applied for and will receive state and federal grants. Typically, the federal grant share is 75% of the eligible project cost, the state share is 18.75% of eligible project cost, and the local share is

6.25% of the project cost. Funding for future years will be included in the FY 2023-25 Capital Improvement Plan and will be funded by FEMA Grant (F222), CalOES and State Grant (F607), FHWA Grant (F615), Stormwater (F220), Measure B-Bike/Pedestrian (F677), Measure BB-Bike/Pedestrian (F687), and SB1 (F651).

COMMUNITY PILLAR
1: A Safe Community That Thrives

GOAL
63 1: Oversee the City's emergency preparedness, management, and response efforts

ATTACHMENTS

1. Resolution - Delegation of Agent

2. Resolution - Supplemental Appropriation

Prepared by: Mallika Ramachandran
Assistant City Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION DESIGNATING THE CITY MANAGER AS THE CITY OF

LIVERMORE'S AGENT FOR FEDERAL AND STATE DISASTER ASSISTANCE AND

DESIGNATING THE CITY ENGINEER AND ASSISTANT CITY ENGINEERS AS THE CITY MANAGER’S DESIGNEES
The City of Livermore (“City”) has applied for and will receive federal and state disaster assistance. According to the State of California Office of Emergency Services, a resolution designating an applicant's agent authority to sign and file all applications for disaster assistance with state and federal agencies is required in order to be eligible to receive funding.

A new resolution must be submitted every three years. A resolution making such designation for the City was approved on April 14, 2020 (Resolution 2020-041) and it expires on April 14, 2023. In order to continue to receive these funds, the City Council must approve a new resolution to continue this designation for another three years.

State and federal agencies also require the City to name the designees who will act on behalf of the City Manager on administration of the grant. Even though City Managers usually designate their own designees responsible for the program work, it is necessary for the City Council to actually make those designations in this resolution to ensure they are recognized by the administrators for the federal and state financial assistance for disasters.

This is a universal resolution and is effective for all open and future disasters/grants up to three (3) years following the date of approval below.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Designates the City Manager as the City’s agent and authorizes the City Manager or their designee to act on behalf of the City of Livermore, a public entity established under the laws of the State of California, to sign all applications for disaster assistance and to file them with the California Governor's Office of Emergency Services for the purpose of obtaining certain federal financial assistance under federal Public Law 93-288 as amended by the federal Robert T. Stafford Disaster Relief and the Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act and authorizes the City Manager or their designee to provide the Governor's Office of Emergency Services, for all matters pertaining to such State disaster assistance, the assurances and agreements required.

2. Designates the City Engineer and the Assistant City Engineers as the City Manager's designees.
65 RESOLUTION NO. ________
BE IT FURTHER RESOLVED by the City Council for the City of Livermore that:

1. This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.

2. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including executing applications and agreements to receive federal and state financial assistance for disasters, with the City Attorney’s approval of agreements as to form.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on April 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
66 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION IN FY 2022-23 FOR 2023 STORM CAPITAL IMPROVEMENT PROGRAMS
In December 2022/January 2023, a particularly severe rainstorm began. The National Weather Service anticipated the storm would have widespread impact due to heavy rain and flooding that would be compounded by the saturated or near saturated soils from the prior storms. As a result, the City of Livermore (“City”) experienced rapid rises in creeks and streams resulting in localized roadway and other flooding. In addition, strong winds with gusts up to 35-55 mph led to downed trees and power outages, with concerns of imminent threats to life and property. The heavy rains continued into February and March 2023 causing additional damages.

The City did not foresee the 2023 storms event and budget was not appropriated in FY 2022-23. Four new Capital Improvement Programs have been created in accordance with federal disaster category. Emergency response, design and repairs are necessary in FY 2022-23 and budget allocation in FY 2022-23 is necessary to sustain this effort.

Staff is requesting the following supplemental appropriations in FY 2022-23:
 An appropriation of $2,000 of Stormwater (F220) for 2023 Storm Capital Improvement Program S202300Z - General Administration and Meetings  An appropriation of $200,000 of Stormwater (F220) for 2023 Storm Capital Improvement Program S202300A - Debris Removal
 An appropriation of $300,000 of Stormwater (F220) for 2023 Storm Capital Improvement Program S202300B - Citywide Emergency Response and Protective Measures
 An appropriation of $300,000 of Stormwater (F220) for 2023 Storm Capital Improvement Program S202300P - Permanent Repairs
City has applied for and expects to receive state and federal grants. Typically, the federal grant share is 75% of the eligible project cost, state share is 18.75% of eligible project cost and local share is 6.25% of the project cost. Funding for future years will be included in the FY 2023-25 Capital Improvement Plan Budget and will be funded by FEMA Grant (F222), CalOES and State Grant (F607), FHWA Grant (F615), Stormwater (F220), Measure B-Bike/Pedestrian (F677), Measure BB-Bike/Pedestrian (F687) and SB1 (F651).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves The following budget appropriations in FY 2022-23:
 An appropriation of $2,000 of Stormwater Funds (F220) for 2023 Storm Capital Improvement Program S202300Z - General Administration and Meetings  An appropriation of $200,000 of Stormwater Funds (F220) for 2023 Storm Capital Improvement Program S202300A - Debris Removal
67 RESOLUTION NO. ________
 An appropriation of $300,000 of Stormwater Funds (F220) for 2023 Storm Capital Improvement Program S202300B - Citywide Emergency Response and Protective Measures
 An appropriation of $300,000 of Stormwater Funds (F220) for 2023 Storm Capital Improvement Program S202300P - Permanent Repairs.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on April 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
68 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the City Manager to execute and renew a Revenue-Sharing Agreement for wireless telecommunication facility leases with Livermore Area Recreation and Park District (LARPD).

RECOMMENDED ACTION

SUMMARY
The revenue sharing agreement between the City and Livermore Area Recreation and Park District (LARPD) will renew the terms of the previous, expired agreement for sharing revenue the City receives from telecom operators that lease city-owned properties that are operated and maintained by LARPD.

The city's proposed Policy for Leasing City-Owned Property for Wireless Telecommunication Facilities (a separate item on this Council agenda) includes 14 preselected sites. Seven of those sites are maintained and operated by LARPD and would be subject to the attached draft revenue sharing agreement and are listed in said agreement. The City and LARPD desire to renew this agreement for a period of 10 years from the date the City and LARPD enter into this agreement. The agreement automatically renews for another 10-year term unless either party provides notice to terminate.

DISCUSSION
In 2010, the City adopted a policy for leasing city-owned property for wireless telecommunication facilities (the Policy). The purpose of the Policy is to minimize visual impacts and encourage telecommunication facilities to be placed on publicly owned park and recreation facilities in a manner that meets regional communication needs. The Policy works in conjunction with the telecom ordinance (Livermore Development Code Section 6.02.100) as it exists now or is amended in the future. The telecom ordinance requires telecom operators to obtain all necessary permits for a wireless telecommunication facility.

69 In 2013, the City and LARPD entered into a revenue-sharing agreement for telecom facilities located on city-owned property. The previous revenue sharing agreement recently expired and renewal of the revenue sharing agreement is subject to approval by the City Council. The agreement renewal keeps all the previous six revenue sharing sites and adds one new site, all of which are public parks: Cayetano Park, Ernie Rodriguez Sports Park, Independence Park, William Payne Sports Park, Robert Livermore Park, May Nissen Park, and the newly added Mocho Park. The City and LARPD may extend the scope of the agreement to include additional properties.

The City and LARPD originally entered into this agreement to acknowledge their close partnership to provide well maintained park space to the community and that LARPD programs, operates and maintains these important public parks.

The proposed agreement renewal (Exhibit A to the attached resolution) keeps the same provisions as the previous agreement as follows:

For city-owned land that is operated and maintained by LARPD, where the telecom facility is located on a structure owned and maintained by LARPD (e.g. building or light tower): 50% of the revenue received from the telecom operator shall be paid to LARPD and 50% to the City.

For city-owned park land that is operated and maintained by LARPD, where the telecom facility is not
located on a structure owned and maintained by LARPD: 33% of the revenue received from the telecom operator shall be paid to LARPD and 67% to the City.

City Manager (or her designee) shall negotiate and execute leases on shared revenue properties with input from LARPD. The City will compensate LARPD for its time expended during lease negotiations. The City shall set aside 25% of any lease execution charge to LARPD.

City and LARPD shall collaborate to ensure that any telecom proposal shall not interfere with LARPD's mission to operate the parks for the public's benefit.

The City continues to work cooperatively with LARPD to request lease amenities from telecom operators such as park, trail or community facility improvements or payments for such improvements. The City reviews, processes, and upon compliance with applicable regulations, issues all necessary land use entitlement permits, building permits, encroachment permits required for telecommunication facilities.

There are currently no telecom leases on the seven identified revenue sharing sites, but the City is currently under negotiations on two of the sites.

LARPD

City staff worked closely with LARPD staff when drafting and reviewing this agreement, and LARPD staff supports this agreement. The LARPD General Manager signed the attached draft agreement subject to the approval by the City Council, and City Manager and City Attorney execution.

70 ENVIORNMENTAL DETERMINATION

The adoption of the proposed policy is not a project as defined in the California Environmental Quality Act (CEQA) Guidelines Section 15378 since "project” does not include continuing administrative or maintenance activities such as general policy and procedure making.

FISCAL AND ADMINISTRATIVE IMPACTS

The proposed revenue sharing agreement will have a minimal fiscal impact on the City. The market lease rate for a telecom facility typically ranges between $2,000 and $4,000 monthly. Since there are no shared revenue telecom sites currently with LARPD, there are no immediate impacts.

In the future if there are, for example, two telecom facilities on shared revenue sites that are not on LARPD owned structures at $3,000 per month for each lease, the City would retain 67% of that amount and LARPD would get the remaining 33%. For this example, the City would retain $24,120 and LARPD would get $11,880 on annual basis (plus any annual CPI or automatic escalator). The lease payments and any lease execution charge will generally cover the administrative cost of negotiating and administering the leases.

COMMUNITY PILLAR
5: A City That Works

GOAL

14: Develop, operate, and maintain the City's infrastructure.

ATTACHMENTS

1. Resolution

2. Exhibit A - Revenue Sharing Agreement

Prepared by: Kam Purewal
Associate Planner

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A REVENUE SHARING

AGREEMENT WITH LIVERMORE AREA RECREATION AND PARK DISTRICT FOR

TELECOMMUNICATION FACILITIES LOCATED ON CITY PROPERTY
The Revenue Sharing Agreement between the City of Livermore (“City”) and Livermore Area Recreation and Park District (“LARPD”) will renew the terms for sharing revenue the City receives from telecommunication operators that lease City-owned properties that are operated and maintained by LARPD. The City's Policy for Leasing City-owned Property for Wireless Telecommunication Facilities, includes sites that are maintained and operated by LARPD for the City. City and LARPD desire to renew this agreement for a period of 10 years from the date that City and LARPD enter into the agreement. The agreement automatically renews for another 10-year term unless either party provides notice to terminate.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Finds that the adoption of the proposed policy is not a project as defined in the California Environmental Quality Act (CEQA) Guidelines Section 15378, since “project” does not include continuing administrative or maintenance activities such as general policy and procedure making.

2. Authorizes the City Manager to execute a Revenue Sharing Agreement with LARPD for telecommunication facilities located on City property, attached hereto as Exhibit A and incorporated by this reference, for a period of 10 years with an automatic renewal for another 10-year term, unless either party determines to terminate the agreement.

3. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on April 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
72 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
/s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Revenue Sharing Agreement
73 REVENUE-SHARING AGREEMENT
(Wireless Telecommunication Facility Leases)
THIS AGREEMENT is made and entered into this __ day of __ , 2 023, by and between the City of Livermore ("City"), a municipal corporation, and the Livermore Area Recreation and Park
District ("LARPD"), an independent special district.

RECITALS
On December 13, 2010, the City of Liv ermore adopted a policy for leasing City owned property for wireless telecommunications facilities ("Policy"). O ne purpose for the Policy is to minimize the number and visual impact of wireless telecommunications facilities by encouraging their placement on publicly owned park and recreation facilities i
n a manner that m eets regional communication needs with minimal aesthetic impact on the environment.

The Policy works in conjunction with City's telecom ordinance (Livermore D
evelopment Code Section 6.02.100) as it exists now or is amended in the future, which requires a telecom operator to obtain all necessary permits to establish a wireless telecommunication facility.

The Policy identifies City-owned sites that are appropriate for locating telecommunication facilities. Some of these sites are properties maintained and operated by LARPD for the City. The Policy provides that the City shall set aside for LARPD a portion
of the lease payments the City receives from a telecom operator leasing th
e property from the City.

The City and LARPD now desire to renew this revenue-sharing agreement and establish the amount to be set aside for LARPD from a telecom operator's lease payments, consistent with the Policy.

NOW, THEREFORE, City and LARPD hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Purpose. The primary purpose of this Agreement is to establish the terms f
or sharing the revenue the City receives from telecom operators that lease City-owned p
roperties that are o perated and maintained for the City by LARPD.

2. Properties Subject to T his Agreement. The following 7 City-owned properties th at are operated and maintained by LARPD f or the City are subject to the revenuesharing provisions in t his Agreement:
1 EXHIBIT A
74 A. Cayetano Park, Portola Road and Isabel Avenue;
B. Ernie Rodriguez Sports Fields, Robertson Park;
C. Independence Park, 2798 Holmes Street;
D. William Payne Sports Park, 5800 Patterson Pass Road; E. Robert Livermore Park, 4444 East Avenue; and,
F. May Nissen Park/Rincon Li brary, 685 - 725 Rincon Avenue.

G. Mocha Park, 1174 Macho Street.

LARPD's prior written approval must be obtained before a proposed wireless telecommunications facility for a Shared Revenue Property can be situated on a structure owned or maintained by LARPD.

The City and LARPD may extend the scope of this Agreement to include additional properties. Any extension of the scope shall be made by a written agreement or amendment. The specific terms and conditions of this Agreement are acknowledged by the parties to apply only to the properties listed above, and possibly to any future approved sites within the city limits, but in no event are they intended to apply to any LARPD property or properties lying beyond the city limits of the City of Livermore.

3. Revenue - Sharing Percentages. The City and LARPD agree to share lease revenues as follows:

A For the lease of Shared Revenue Properties, the City shall pay to LARPD a percentage of the revenue the City receives from telecom operators pursuant to leases, as follows:

1. For City-owned property that is maintained and operated by LARPD, where the telecommunications facility is situated on a structure (building, light standard, etc.) owned or maintained by LARPD: 50% of the revenue received by the City from the telecom operator shall be paid to LARPD in compliance with Section 10 below to create revenue for LARPD and to cover all costs associated with on-going site maintenance, inspections and upgrades by the operator after the facility is constructed.

2. For City-owned property that is maintained and operated by LARPD where the telecommunication facility is not located on a LARPD-owned or maintained structure: 33% of the revenue received by the City from the telecom operator shall be paid to LARPD in compliance with Section 10 below to create revenue for LARPD and to cover all costs associated on- 2 EXHIBIT A
75 EXHIBIT A
76 EXHIBIT A
77 on December 15 for each year of the lease. The payment shall be accompanied by a report that identifies the amount of revenue received by the City and the amount set aside and paid to LARPD for each Shared Revenue Property subject to a lease.

B. If LARPD chooses to use City services identified in Section 3.B for wireless telecommunications facilities on LARPD-owned properties, the revenue set aside by LARPD for the City for each lease drafted, negotiated, and managed for wireless telecommunications facilities on LARPD-owned properties shall be paid by LARPD to the City in a single lump sum payment on December 15 for each year of the lease. The payment shall be accompanied by a report that identifies the amount of revenue received by LARPD and the amount set aside and paid to the City for each LARPD-owned property subject to a lease.

C. No later than 60 days after the City receives a lease execution charge related to a lease of Shared Revenue Property as identified in Section 4, the City shall pay to LARPD the amount of the charge set aside for LARPD.

11. Term of the Agreement; Termination. If the subject property is no longer maintained or operated by LARPD for the City, then the revenue sharing obligations for that property in the Policy and this Agreement are terminated. This agreement shall be valid for a period of 10 years from the date the City and LARPD enter into this agreement.

This agreement will automatically renew for another 10-year term unless either party provides notice to terminate no less than 6 months prior to the then-current term.

12. Additional Insured. The City shall require LARPD to be named as additionally insured by the telecom operator as part of the lease agreement with the City.

13. No Assignment. A party may not assign any right or obligation in this Agreement without obtaining the other party's prior written consent.

14. Construction of Language. The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

15. Modification. Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an 5 EXHIBIT A
78 EXHIBIT A
79 Dated:

Dated:

Dated: November 22, 2022
7 CITY OF LIVERMORE
a municipal corporation
By:

Marianna Marysheva
City Manager
APPROVED AS TO FORM:

Sr./Assistant/Deputy/City Attorney

LIVERMORE AREA RECREATION

AND PARK DISTRICT
By:

Attorney for LARPD

EXHIBIT A
80 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the continued participation in the Alameda County Home Consortium for Home Investment Partnership Program funds; and the execution of an agreement with Alameda County for participation in the Alameda County Home Consortium for federal fiscal years 2024, 2025, and 2026

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the continued participation by the City of Livermore in the Alameda County HOME Investment Partnership Program Consortium for HOME Investment Partnership funds (HOME). 2 .

SUMMARY
Through membership in the Alameda County HOME Consortium, the City of Livermore receives HOME Investment Partnership Program funding from the U.S. Department of Housing and Urban Development.

Since joining the Consortium in 1993, HOME funds have been used to develop and preserve affordable housing citywide. In accordance with County and Federal administrative regulations, the City must enter into an agreement with the Alameda County Housing and Community Development Department to receive this funding.

DISCUSSION
Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990 created the HOME Investment Partnership Program (“HOME") to provide funds to local governments for acquisition, rehabilitation, new construction of affordable housing as well as for homebuyer and tenant-based rental assistance (TBRA).

The U.S. Department of Housing and Urban Development (HUD) allocates HOME funds directly to participating jurisdictions that meet a threshold of affordable housing needs determined by a formula that considers the number of housing units that are overcrowded, substandard, or occupied by households living below the poverty level. Local jurisdictions that do not independently meet this threshold may elect 81 to form a regional consortium in order to participate in the HOME Program and receive an annual allocation of HOME funds.

The Cities of Alameda, Fremont, Hayward, Livermore, Pleasanton, San Leandro, and Union City have expressed their interest in joining the Alameda County Urban County (consisting of the Cities of Albany, Dublin, Emeryville, Newark, Piedmont, and the unincorporated County) to continue in the Alameda County HOME Consortium for federal fiscal years 2024, 2025, and 2026. The City of Livermore has been a member of the Consortium since 1993. Alameda County administers the Consortium’s HOME funds in accordance with Federal regulations and allocates funds to Consortium members based on the HUD formula. Consortium members then reallocate HOME funds to local affordable housing projects and programs that meet local priorities. In accordance with County and Federal administrative regulations, the City must enter into an agreement each year with Alameda County Housing and Community Development to receive this funding.

The City uses HOME funds for Tenant Based Rental Assistance (TBRA) programs that provide housing and case management services to vulnerable community members and families. Other prior uses of HOME funds include new construction and the rehabilitation of affordable housing as well as the homeowner rehabilitation program. HOME funds have contributed significantly to the City’s ability to address its affordable housing needs.

Fiscal Year 2022-23 HOME funds have been allocated to Abode Services and Tri-Valley Haven to fund TBRA programs serving people experiencing homelessness and domestic violence survivors.

FISCAL AND ADMINISTRATIVE IMPACTS

The City will receive an allocation of $139,648 of HOME project funds and $8,475 for program administration in Fiscal Year 2023-24. Staff expects similar allocations in the 2024, 2025, and 2026 federal fiscal years.

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL

8: Expand and improve access to human services

ATTACHMENTS

1. Resolution

2. Exhibit A- HOME Consortium Agreement

Prepared by: Amy Walker
Management Analyst 1

82 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
83 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CONTINUED PARTICIPATION OF THE CITY

OF LIVERMORE IN THE ALAMEDA COUNTY HOME CONSORTIUM FOR HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS; AND THE EXECUTION OF AN

AGREEMENT WITH ALAMEDA COUNTY FOR PARTICIPATION IN THE ALAMEDA COUNTY HOME CONSORTIUM FOR FEDERAL FISCAL YEARS 2024, 2025, AND 2026
The City of Livermore (“City”) has been a member of the Alameda County HOME Consortium since 1993. Through membership in the Consortium, the City receives HOME Investment Partnership Program funding from the U.S. Department of Housing and Urban Development. HOME funds have been used to develop and preserve affordable housing citywide.

The Congress of the United States has enacted the Cranston-Gonzalez National Affordable Housing Act of 1990 (“the Act") and Federal regulations have been adopted pursuant thereto.

Title II of the Act creates the HOME Investment Partnership Program (“HOME") that provides funds to participating jurisdictions for acquisition, rehabilitation, new construction of affordable housing, homebuyer assistance and tenant-based rental assistance.

The Act allows local governments to form consortia for the purpose of receiving and administering HOME funds and carrying out purposes of the Act.

The cities of Alameda, Fremont, Hayward, Livermore, Pleasanton, San Leandro, and Union City have expressed their interest in joining the Alameda County Urban County (consisting of the cities of Albany, Dublin, Emeryville, Newark, Piedmont, and the unincorporated County) to continue in the Alameda County HOME Consortium for federal fiscal years 2024, 2025, and 2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Authorizes the participation by the City of Livermore in the Alameda County Home Investment Partnership Program Consortium for HOME Investment Partnership funds (HOME);

2. Authorizes the City Manager to sign on behalf of the City of Livermore, the HOME Consortium Agreement, attached hereto as Exhibit A, with the County of Alameda for participation in the Consortium during federal fiscal years 2024, 2025, and 2026 to maintain the eligibility of the Consortium for HOME program funds in accordance with the National Affordable Housing Act of 1990. 84 RESOLUTION NO. ________
On motion of Council Member __________________________, seconded by Council Member __________________________, the foregoing resolution was passed and adopted on April 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Katherine Mirassou Marie Weber Katherine Mirassou City Clerk Deputy City Attorney
Exhibit A – HOME Consortium Agreement
85 1

A G R E E M E NT
T
his AGREEMENT is made and entered into this ________ day of ______ 2023, by and between the CITY of LIVERMORE , hereinafter called "CITY," and the COUNTY OF ALAMEDA, hereafter called "COUNTY."
W
HEREAS, the Congress of the United States has enacted the Cranston Gonzalez National Affordable Housing Act of 1990 and Federal regulations have been adopted pursuant thereto, hereinafter called the "Act"; and
W
HEREAS, Title II of the Act creates the Home Investment in Affordable Housing Program, hereinafter called "HOME," that provides funds to states and local governments for acquisition, rehabilitation, new construction of affordable housing and tenant -based rental assistance; and
W
HEREAS, the Act requires local governments to formula te a Consolidated Plan as part of the eligibility requirements for HOME funds; and
W
HEREAS, funds from Title II are distributed to metropolitan cities, urban counties States, and consortia of local governments; and
W
HEREAS, the Act allows local governments to form consortia for the purpose of receiving and administering HOME funds and carrying out purposes of the Act; and W
HEREAS, the Act requires that a local government member of an urban county participating in HUD’s Community Development Block Grant (CDBG) program may participate in a consortium only through the urban county, and COUNTY is the lead agency of the Alameda County Urban County; and
W
HEREAS, the Act requires that a consortium shall have one member unit of general local government author ized to act in a representative capacity as lead entity for all members for purposes of the Act and to assume overall responsibility for the Act, including requirements concerning the Consolidated Plan; and
W
HEREAS, COUNTY has sufficient legal authority a nd administrative capacity to carry out the purpose of the HOME program on behalf of the Alameda County HOME Consortium (“CONSORTIUM”) members and is the lead entity of the CONSORTIUM for the purposes of the Act, assuming overall responsibility for the Act on behalf of the CONSORTIUM members, including ensuring compliance with the requirements of the HOME program and Consolidated Plan. The COUNTY, as lead agency, has the authority to amend the consortium agreement on behalf of all members to add new qualifying members from the Alameda County Urban County to the CONSORTIUM when notified by HUD that it is appropriate to do so.

EXHIBIT A
86 2

THEREFORE, it is agreed that:

1. CITY and COUNTY will cooperate in the operation of the CONSORTIUM, for the purpose of undertaking or assisting in undertaking HOME -eligible housing assistance activities pursuant to Title II of the Act including but not limited to, acquiring, rehabilitating, and constructing affordable housing and providing homebuyer and tenant-based rental assistance.

2. COUNTY is authorized to and shall act in a representative capacity as the lead entity for all members of the CONSORTIUM for the purposes of administering the HOME program.

3. COUNTY assumes overall responsibility for ensuring that the CONSORTIU M’S HOME program is carried out in compliance with the requirements of the HOME program, including requirements concerning the Consolidated Plan.

4. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to CITY before COUNTY submits final Consolidated Plan to the U.S. Department of Housing and Urban Development. COUNTY shall incorporate CITY changes in Consolidated Plan, if any, provided that they meet HOME requirements.

5. CITY shall approve each project funded with HOME funds within CITY before COUNTY approves funding project with HOME funds, provided that CITY approval or disapproval does not obstruct the implementation of the approved Consolidated Plan.

6. There shall be a Technical Advisory Committee for the Consortium to recommend spending priorities, policies, and review projects and proposed expenditures. CITY shall designate a staff member to participate on the Technical Advisory Committee.

7. CITY shall designate a representative to whom all notices and communications from COUNTY shall be directed. COUNTY'S duty to notify CITY shall be complete when the communication is sent to the designated representative. It is the exclusive duty of the designated representative to notify the appropriate individuals or departments within CITY.

8. To carry out activities under this Agreement, COUNTY shall allocate to CITY a portion of HOME funds received under the Act. Initial allocations shall be approved by the Technical Advisory Committee for the CONSORTIUM. If necessary to meet HOME requirements, funds will be reallocated by COUNTY in accordance with such needs, objectives, or strategies as COUNTY shall decide. In preparing such needs, objectives, or strategies, COUNTY shall consult with CITY and Technical Advisory Committee before making its determinations.

9. Each party to this agreement and each CONSORTIUM member shall affirmatively further fair housing.

10. CITY shall pay COUNTY an annual fee to help defray COUNTY'S costs to administer the Consortium and perform monitoring, record-keeping, and reporting required by the Act. Such fee shall be based upon COUNTY'S expected actual costs and shall in no case exce ed five percent (5%) of the CITY'S annual allocation of HOME funds.

EXHIBIT A
87 3

11. CITY shall provide COUNTY with all of the following information concerning CITY and the activities CITY carries out under this agreement which COUNTY requires to be prepared: 1) documents required to be submitted to HUD, 2) annual HOME performance report, 3) such other documents as COUNTY may require to carry out eligible housing activities or meet Federal requirements. All information shall be submitted on forms prescribed by COUNTY. In addition, CITY agrees to make available upon request all records concerning the activities carried out under this agreement for inspection by COUNTY or Federal officials during regular business hours.

12. Pursuant to Government Code Section 895.4, CITY shall defend, indemnify, and hold harmless COUNTY, its officers, employees, and agents from all claims, suits, actions or losses of any type, and from liability for any fines, penalties or damages of any type, resulting from CITY'S performance of this Agreemen t and caused by any act or omission of CITY, including failure to comply with any requirement of the Act or the Program described herein, except to the extent that any such claim, suits, actions, losses, or liabilities arise from any act or omission of COUNTY.

13. Pursuant to Government Code Section 895.4, COUNTY shall defend, indemnify, and hold harmless CITY, its officers, employees, and agents from all claims, suits, actions or losses of any type, and from liability for any fines, penalties or damages of any type, resulting from COUNTY'S performance of this Agreement and caused by any act or omission of COUNTY, including failure to comply with any requirement of the Act or the Program described herein, except to the extent that any such claims, suits, actions, losses, or liability arise from any act or omission of CITY.

14. CITY agrees to defend, indemnify, and hold harmless all other cities participating in the Alameda County HOME CONSORTIUM for CITY'S negligent acts or omissions arising from this Agreement.

15. This Agreement shall go into effect immediately upon the signature of both parties and shall continue in full force and effect until the HOME funds received during each of the federal fiscal years of the qualification period (2024-2026) are expended on eligible activities or returned to HUD. CITY will be included in the Consortium for a minimum of three (3) federal fiscal years, specifically federal fiscal years 2024, 2025 and 2026. CONSORTIUM members, including CITY, shall not withdraw from the CONSORTIUM during this period (federal fiscal years 2024-2026).

16. The beginning of the CONSORTIUM’ S program year is July 1 and the end of the CONSORTIUM’S program year is June 30. All CONSORTIUM members, including CITY, must be on the same program year for CDBG, HOME, Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) programs.

17. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

EXHIBIT A
88 4

IN WITNESS WHEREOF, the parties hereto have executed this contract on the day first mentioned above.

CITY OF LIVERMORE COUNTY OF ALAMEDA

____________________________ ______________________________ Marianna Marysheva President, Board of Supervisors
City Manager

APPROVED AS TO FORM: APPROVED AS TO FORM:

Donna R. Ziegler, County Counsel

By: _____________________________ By: _______________________________ City Attorney Katie J. Hall ,
Deputy County Counsel

By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
89 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with Pangea Environmental Services, Inc., in an amount not-to-exceed $1,165,000, to provide environmental support services to close out three environmental cleanup cases in the Downtown Core as part of Livermore Village Remediation, Project 2021-18.

RECOMMENDED ACTION

SUMMARY
The City has the following three active environmental cleanup cases with the Regional Water Quality Control Board (Water Board) at the downtown site bounded by First Street, L Street, Railroad Avenue, and South Livermore Avenue: Quality Cleaners near the future L Street Garage, Old Train Depot near the future Eden Housing, and J Cleaners near Stockmen's Park (Attachment 1).

The agreement with Pangea Environmental, Inc. covers remaining required environmental support services for remediation, testing, and reporting so that the City can close all three cases with the Water Board. The bulk of the work consists of installing and operating a soil vapor extraction system for a two- year period. Pangea Environmental Services, Inc. will also observe the removal of tetrachloroethylene (PCE) contaminated soil, the installation of vapor extraction wells and pipelines, and report the results to the Water Board, in compliance with the approved Remediation Plan for Quality Cleaners. At the Eden Housing site, Pangea Environmental will assist with the implementation of the approved Site Management Plan. This will include construction observations and reporting. Air sampling and reporting will be conducted as necessary for occupancy and a closure request will be submitted. For the J Cleaners site, risk assessments and site management plans will be prepared for the Black Box Theater and Science Center. Testing will be conducted as necessary to support site closure. This agreement covers anticipated environmental support services through 2026. 90 DISCUSSION
On January 30, 2018, the City Council approved the locations for open space, housing, parking and circulation, cultural facilities, commercial uses, and a hotel for the Downtown catalyst sites. Downtown core development is centered around the City block bounded by First Street, L Street, Railroad Avenue,
and South Livermore Avenue. Two dry cleaners operated in this area through the early 2000s:
1 .

Quality Cleaners formerly located at 2048 First Street
2 .

J Cleaners formerly located at 2093 Railroad Avenue

Releases of the dry-cleaning solvent tetrachloroethylene (PCE) have been documented at both of these dry-cleaning sites. The J Cleaners site was purchased by the City of Livermore Redevelopment Agency in 2008 and subsequently purchased by the City of Livermore in 2011. In 2019, the City purchased the Quality Cleaners site for construction of the L Street Garage. Site investigations and testing have been ongoing since the early 2000s at both of these sites to identify the locations where soil is contaminated with PCE, the concentrations of PCE in the soil vapor, and the concentrations of PCE in the groundwater. The City submitted this information to the Water Board and opened up three environmental cleanup cases. As shown in Attachment 1, cases were opened for Quality Cleaners and J Cleaners and a third case was opened for the Old Train Depot site which is downgradient from the Quality Cleaners site. All reports and other documents submitted to the Water Board are available to the public on the Water Board's GeoTracker website.

Pangea Environmental, Inc. has been working for the City since 2018 to test the soil, soil vapor, and groundwater, submit documents to the Water Board, and prepare reports required by the Water Board.

This agreement will follow up on the work completed to date and provide the services required to close all three cleanup cases with the Water Board. Work conducted at each site and remaining work to be completed as part of this agreement is summarized in the sections that follow.

QUALITY CLEANERS' SITE

Quality Cleaners operated between approximately 1948 and 2000 at 2048 First Street in a building behind Murphy's Paws. The City acquired this property in 2019 in preparation for the L Street Garage and demolished the building in 2020. Pangea Environmental, Inc. has conducted soil, soil vapor, and groundwater sampling at this site and prepared a series of reports for the Water Board documenting the results. In 2022, Pangea Environmental submitted a Remediation Plan for Quality Cleaners. The Water Board circulated a Fact Sheet for public comment in August 2022, and subsequently approved the remediation plan. Remediation activities include excavating 490 tons of shallow soil to remove the source of PCE. The soil will be excavated, hauled, and disposed per the requirements of the Remediation Plan as part of the L Street Garage construction. Remediation also includes installing and operating a soil vapor extraction system to extract and treat PCE in soil gas.

This agreement with Pangea Environmental covers observing and documenting the remediation activities per the requirements of the Water Board. The bulk of the services include installing and operating the soil vapor extraction system for a two-year period. Reports will be prepared and submitted to the Water Board. The services also include a site closure request. The L Street Garage construction contractor is scheduled to excavate the soil and install the soil vapor extraction wells and connecting vapor pipes in 2023. Pangea Environmental will install the vapor extraction system equipment in early 2024 and run the system for two years through early 2026. 91 OLD TRAIN DEPOT SITE

PCE impacts in groundwater and soil vapor have migrated northwest from the Quality Cleaners site to the Old Train Depot site. Extensive sampling has not found any sources of PCE in the soil at the Old Train Depot site. Historical site use included multiple railroad lines, a former railroad depot building, lumber storage yard, and various other commercial and industrial uses. In 2008, the City of Livermore Redevelopment Agency purchased this property and the City of Livermore subsequently purchased the property in 2011. The site was sold to Eden Housing in 2022 in preparation for the development of multi- family workforce housing. Pangea Environmental has conducted extensive soil, soil vapor, and groundwater testing at the site and has submitted the results to the Water Board. In 2022, Pangea Environmental prepared and submitted a Site Management Plan for the Old Train Depot site. The Site Management Plan communicates information to future site construction and maintenance workers about site environmental conditions, presents guidelines for appropriate health and safety precautions for onsite workers, provides protocols for management of site soil and groundwater disturbed during construction, and establishes post-construction testing and reporting procedures to verify that the site meets the Water Board requirements. The Site Management Plan was approved by the Water Board in 2022.

Remaining activities at this site covered under this agreement include construction observation and reporting and post-construction indoor air sampling per the requirements of the Site Management Plan.

Services also include well destruction and a closure request. As part of the L Street Garage construction project, vapor extraction piping is going to be connected to the existing wells at this location. This work is scheduled for 2023. Vapor extraction will then be conducted in this area beginning in early 2024. This vapor extraction is not required by the Water Board for occupancy; however, the goal is to reduce the concentrations of soil vapor so that the case can be closed by the Water Board.

J CLEANERS SITE

J Cleaners operated at 2093 Railroad Avenue from the early 1970s to around 2008 when the strip mall was demolished. In 2008, the City of Livermore Redevelopment Agency purchased this property and the City of Livermore subsequently purchased the property in 2011. Pangea Environmental has conducted extensive soil, soil vapor, and groundwater testing at the site and has submitted the results to the Water Board. Stockmen's Park was constructed in the approximate location of the dry cleaners in 2019. As part of the construction of Stockmen's Park, 1,811 tons of soil with traces of PCE was removed in December 2019. The removal of the source of PCE dramatically decreased the levels of PCE in soil vapor at the site. Pangea Environmental prepared reports documenting the removal of the soil and submitted the report and testing results to the Water Board. In 2022, Pangea Environmental submitted a Supplemental Soil Gas Monitoring and Path Forward Report and a No Further Action Request for the Blacksmith Square Parcels. This report contains a health risk assessment that demonstrates that there is no significant vapor intrusion risk for existing or future occupants on the Blacksmith Square parcels. These documents were approved by the Water Board in 2023.

This agreement covers additional testing, reporting, and health risk assessments for the remaining development parcels at the site which include the Black Box Theater and Science Center sites. Services also include preparing Site Management Plans for construction, closure requests, and well destruction.

Vapor extraction wells and connecting vapor piping are going to be installed in this area by the L Street Garage contractor in 2023. Vapor extraction will then be conducted in this area beginning in early 2024. 92 This vapor extraction is not required by the Water Board for new development occupancy; however, the goal is to reduce the concentrations of soil vapor so that the case can be closed by the Water Board.

FISCAL AND ADMINISTRATIVE IMPACTS

The budget for Livermore Village Remediation Project 2021-18 covers the cost of this $1,165,000 Professional Services Agreement with Pangea Environmental, Inc. The Department of Toxic and Substance Control (DTSC) has approved two years of funding for remediation activities at the Quality Cleaners (L Street Garage) and Old Train Depot (Eden Housing) sites. Based on the current schedule, a little over half of the work covered under this agreement will be conducted in the next two years and is eligible for grant reimbursements. 2022 COP Debt Construction Fund 320 will fund remaining expenses for Quality Cleaners tasks and all expenses for the J Cleaners sites. Low Income Housing Fund 611 will fund expenses for Old Train Depot tasks completed outside of the two-year period that is covered by the grant. Work is anticipated to be completed in 2026 and the remediation systems will be removed.

Therefore, there are no ongoing operation and maintenance costs associated with this agreement.

COMMUNITY PILLAR

1: A Safe Community That Thrives
3: Environmental Stewardship
4: Inclusive & Inviting Spaces & Places

GOAL

1-9: Facilitate new residential development consistent with the City's General Plan 3-3: Help the City fulfill its obligations under state and federal environmental regulations, and in response to regulatory oversight
4-3: Continue to implement the Downtown Specific Plan

GUIDING DOCUMENT

Downtown Specific Plan

ATTACHMENTS

1. Site Plan

2. Resolution

3. Exhibit A - Pangea Agreement

Prepared by: Joel Waxdeck
Assistant City Engineer

93 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
94 Old Train Depot
Former
Lumber
Storage
Stockmen’s Park
Retail, Theater, and
Science Center Area
Parking Garage Area
Walkway
Walkway
Hotel
Area
Former
Quality
Cleaners
Former
J Cleaners
South L St.

South K St. South K St.

Veterans Way
Veterans Way
2056, 2062 &
2068 First St.
2121 & 2139
Railroad Ave.
2074& 2086 First St.
2020, 2026 & 2032 First St.
2093 Railroad Ave.
30 S. Livermore Ave.

Stockmen’s Park Area
2044/2048
First St.
62-90 S. L St.
2008 First St.
50 S. L St.

Railroad Ave.

S. Livermore Ave.
20, 22, & 24 S. L St.
2009-2111
Railroad
2205 Railroad Ave.

A
A’
LEGEND
Source maps: CIP 583018 03-02-2018 & BSK Project E1801801L Prepared 04-20-2020 Former Southern
Pacific Railway
Key Historical
Buildings and Areas
Downtown Core
Project Boundary
Fig 2 Downtown Core Project Area Livermore Downtown Core Photo (update April 2021) 2022-05-09 T250/250 Key Downtown Project
Development Boundary
Proposed
Construction
Existing
Construction
A’
A Cross-section
TransectDowntown Core Project Area
Livermore, California
Downtown Core Project Area
Figure
2 Approximate Scale (in Feet)
0 60’
Veterans Park
Multi-family Residential
L Street Parking Garage
Multi-family Residential
ThTheTheTTTheTheThTheTh atratrrrreeT
heaatht
et
ttt
Hotel
Science &
Society
Center
Theatre
Retail
Retail
Bldg. #1
Bldg. #2
Bldg. #3
Bldg. #4
Bldg. #5
ATTACHMENT 1
95 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH PANGEA ENVIRONMENTAL, INC., IN AN AMOUNT NOT-TO- EXCEED $1,165,000, TO PROVIDE ENVIRONMENTAL SUPPORT SERVICES TO

CLOSE OUT THREE ENVIRONMENTAL CLEANUP CASES IN THE DOWNTOWN CORE
(Livermore Village Remediation, Project 2021-18)
The City of Livermore (“City”) has the following three active environmental cleanup cases with the Water Quality Control Board (Water Board) at the downtown site bounded by First Street, L Street, Railroad Ave, and South Livermore Avenue: Quality Cleaners near future L Street Garage, Old Train Depot near future Eden Housing, and J Cleaners near Stockmen's Park. This agreement with Pangea Environmental Services, Inc. covers remaining required environmental support services for remediation, testing, and reporting so that the City can close all three cases with the Water Board.

The bulk of the work consists of installing and operating a soil vapor extraction system for a two-year period. Pangea Environmental Services, Inc. will also observe the removal of PCE contaminated soil and the installation of vapor extraction wells and pipelines and report the results to the Water Board. This work will be in compliance with the approved Remediation Plan for Quality Cleaners. At the Eden Housing site, Pangea Environmental Services, Inc. will assist with the implementation of the approved Site Management Plan. This will include construction observations and reporting. Air sampling and reporting will be conducted as necessary for occupancy and a closure request will be submitted. For the J Cleaners site, risk assessments and site management plans will be prepared for the Black Box Theater and Science Center. Testing will be conducted as necessary to support site closure. This agreement covers anticipated environmental support services through 2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager is hereby authorized to execute a Professional Services Agreement with Pangea Environmental, Inc., attached hereto as Exhibit A, in an amount not-to-exceed $1,165,000, to close out three environmental cleanup cases in the Downtown Core as part of Livermore Village Remediation, Project 2021-18.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on April 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
96 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
/s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Agreement with Pangea Environmental, Inc.
97 Professional Services Agreement Page 1
Rev. 09.2021

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and Pangea Environmental Services, Inc. (“Consultant”), a California corporation RE
CITALS
C
ity requires professional services to provide environmental support services for remediation activities and compliance in the Downtown Core as part of Livermore Village Remediation Project 2021-18.

C
onsultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these warranties to retain Consultant.

REEMENT
NO
W, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 3 below subject to the terms and conditions in this Agreement.

2. Relationship of Parties – Independent Contractors . The relationship of the parties shall be that of independent contractors. Consultant and its employees are not City office rs or employees. Consultant is responsible for the supervision and management of its employees, including any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.

3. Description of Services . Consultant shall provide the following professional services as more particularly set forth in Exhibit "A" (collectively “the Services”):

Env
ironmental support services for remediation activities and compliance in the Downtown Core as part of Livermore Village Remediation Project 2021-18

4. Consultant’s Responsibilities. Consultant shall:
(
a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) P
rovide the resources necessary to complete the Services in a timely manner;
(
c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
98 Professional Services Agreement Page 2
Rev. 09.2021

(d) Obtain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;

(e) Comply with all laws in effect that are related to Consultant and the Services;

(f) Coordinate the Services with Rick Teczon (“Project Manager”), or such other person designated as the Project Manager by City;

(g) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;

(h) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a calendar month;

(i) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the i nvoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;

(j) P repare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;

(k) Consultant shall correct, at its own expense, all errors in the Services.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant;

(l) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’ s compensation and prevailing wages. If applicable, Consultant shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Consultant shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
99 Professional Services Agreement Page 3
Rev. 09.2021
laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and,

(m) Consultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum o f $ 1,165,000 ( "not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A” up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs , and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

(b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on April 24, 2023, and terminates upon the completion of the Services or December 31, 2026, whichever occurs first.

7. Termination by City . City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the S ervices except where necessary to preserve the benefit of the work, and then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 5.

8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items prepared or obtained by Consultant in the performance of the Services are City’s property and Consultant shall deliver them to City upon demand.

9. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
100
Professional Services Agreement Page 4
Rev. 09.2021

10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.

(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.

(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

12. Insurance. Consultant shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Services.

Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

13. Acceptance of Final Payment. Consultant’s acceptance of final pay ment will release City from any and all claims and liabilities for compensation under this Agreement.

14. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the Services, nor do the actions constitute an DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
101
Professional Services Agreement Page 5
Rev. 09.2021
assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

15. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the 12-month period prior to the execution of this Agreement , and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

16. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the Services involve making, or participation in making, decisions which may have a material effect on the Consultants’ financial interest. While it is Consultant’s sole responsibility to evaluate its conflicts of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

17. Non-Exclusive Agreement. This is a non- exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

18. No Assignment. Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fifty- percent or more in the ownership or control of Consultant constitutes an assignment.

19. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

20. Construction of Language . The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

21. Entire Agreement; Modification . This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archi val copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
102
Professional Services Agreement Page 6
Rev. 09.2021

22. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:

TO CITY: Attention: City Engineer
Cc: Project Manager
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Bob Clark-Riddell
Pangea Environmental Services, Inc.
1250 Addison Street, Suite 213
Berkeley, CA 94702

23. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

24. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

25. Survival. The terms, conditions, and obligations in Sections 8, 9, 10, and 11 shall survive the completion or termination of this Agreement.

26. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.

*********************************************************************************************

Signatures and Attachment List on the Next Page
DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
103

Professional Services Agreement Page 7
Rev. 09.2021

In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONSULTANT: Dated:

____________________________ ___________________________ By: Bob Clark-Riddell
Title: Principal/President

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9 4/3/2023 | 4:02 PM PDT

EXHIBIT A
104
1 Environmental Support Services for Livermore Downtown Core Environmental Services
Exhibit A
Scope of Services
-------------------------------------------------------------------------------------------------------------------

SUMMARY
Task 100 – Quality Cleaners: Remediation Permitting $ 45,000 Task 105 – Quality Cleaners: Excavation Observation, Sampling and Reporting $ 50,000 Task 110 – Quality Cleaners: SVE Construction Observation $ 105,000 Task 115 – Quality Cleaners: SVE System Installation, Testing & Reporting $ 1 70,000 Task 120 – Quality Cleaners: SVE System O&M and Reporting (2 Years) $ 215,000 Task 125 – Quality Cleaners: Groundwater Monitoring and Reporting $ 20,000 Task 130 – Quality Cleaners: Soil Gas Monitoring and Reporting $ 205,000 Task 135 – Q uality Cleaners: Closure Request $ 10,000 Quality Cleaners Subtotal $820,000
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Task 200 – Old Train Depot: Construction Observation and Reporting $ 15,000 Task 205 – Old Train Depot: Indoor Air Sampling $ 80,000 Task 210 – Old Train Depot: Closure Request $ 10,000 Task 215 – Ol d Train Depot and Quality Cleaners: Well Destruction $ 60,000 Old Train Depot Subtotal $165,000
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Task 300 – J Cleaners: HHRAs and NFA/Closure Requests (Black Box/Theatre) $ 70,000 Task 305 – J Cleaners: Soil Gas Sampling (Science & Society Center) $ 40,000 Task 310 – J Cleaners: Site Management Plan $ 10,000 Task 315 – J C leaners: Well Destruction $ 25,000 J Cleaners Subtotal $145,000
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Task 400 – Downt own CORE Environmental Support (As Needed) $ 35,000 (Downtown CORE) Subtotal $35,000
TOTAL BUDGET $1,165,000
------------------------------------------------------------------------------------------------------------------- DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
105
2 Task 100 – Quality Cleaners: Remediation Permitting
Scope: Acquire permits to construct and operate the Soil Vapor Extraction (SVE) System.

Deliverables: Preparation of permit applications for the construction and operation of the SVE system proposed in the former Quality Cleaners Remedial Work Plan (Remedial Workplan). Pangea will prepare the application and acquire an Authority to Construct (ATC) permit for the SVE extraction and treatment system (blower, carbon treatment, and emission stack) from the Bay Area Air Quality Management District (BAAQM D), with an anticipated BAAQMD permit review period of 3 months. Air permit expedition can be requested from BAAQMD if needed. Excludes requirement for preparation of a human health risk assessment (HHRA) and public notification by BAAQMD since the treatme nt system will be greater than 1000 ft from the nearest K-12 school. After startup testing and reporting for the SVE system, BAAQMD will issue a Permit to Operate (PTO) for the SVE system. Pangea will acquire a Construction permit from the City of Livermor e (City) to construct the SVE system and enclosure. Includes estimated City Fire Department plan check fee of $1000. This scope includes preparation of system layout for City review.

Structural calculations for equipment anchorage can be provided, if required. Pangea will obtain a City permit for an electrical service connection, if needed. Pangea will also review permit applications prepared by the City’s “L Street Parking Garage” contractor (City Contractor) for planned SVE and S oil Monitoring wells. Assumes Pangea will pay application and annual BAAQMD permit fees (two years).

Schedule: The tentative project schedule includes:
• City Permit to Construct by March 31, 2023
• BAAQMD Authority to Construct permit for SVE system by June 30, 2023.

Budget: The estimated budget for above work scope is $45,000. ------------------------------------------------------------------------------------------------------------------- Task 105 – Quality Cleaners: Remedial Excavation Observation , Sampling, and Reporting
Scope: Perform remedial excavation inspections, conduct post-excavation sampling, and prepare a Remedial Excavation Completion Report to document completion of excavation proposed in the approved Remedial Work Plan. Pangea personnel will observe and document the remedial excavation and soil handling and disposal activities performed by the City Contractor. Pangea personnel will perform perimeter air and dust monitoring during the remedial excavation and site grading activities in accordance with the approved Remedial Work Plan. Assumes 10 days for excavation and an additional 5 days for monitoring during soil handling. Following completion of the excavation, Pangea will conduct sampling described in the Remedial Work Plan. Assumes the C ontractor is responsible for surveying the excavation boundaries.

Deliverables: Results of the remedial excavation will be reported in a Remedial Excavation Completion Report. The report will include a description of excavation, DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
106
3 analytical results of excavation boundary samples, excavation boundary coordinates, waste documentation, and backfill testing information (if backfill used). Figures and tables will be prepared to present the excavation boundaries and analytical results. The report will be submitted to the Regional Water Quality Control Board (RWQCB) following completion of the excavation and backfill work.

Schedule: The tentative project schedule includes:
• Excavation observation, tentatively scheduled to begin in March 2023. • Excavation sampling by April 15, 2023.
• Draft Remedial Excavation Completion Report by July 31, 2023.

Budget: The estimated budget for above work scope is $50,000. ------------------------------------------------------------------------------------------------------------------- Task 110 – Quality Cleaners: SVE Construction Observation

Scope: This scope pertains to installation of SVE wells, soil vapor monitoring wells, and underground SVE conveyance piping specified in the Remedial Work Plan that will be performed by the Contractor. Pangea personnel will observe inspect the SVE construction work. Assumes one full time technician for three months of construction observation.

Pangea will log soil during the installation of SVE wells and soil vapor monitoring wells by the City Contractor (to help determine if well depth adjustment is merited and to evaluate SVE and monitoring effectiveness). Pangea will also conduct inspections of the installation of SVE wellheads , water knockout area, and SVE conveyance piping performed by the Contractor.

Deliverables: Inspection/observation field notes and well installation boring logs will be included in the SVE System Installation and Startup Report under Task 115.

Schedule: The tentative project schedule includes:
• SVE construction observation, tentatively scheduled to begin in March2023.

Budget: The estimated budget for above work scope is $105,000. --------------------------------------------------------------------------------------------------------------------- Task 115 – SVE System Installation, Startup Testing, and Reporting Scope: Construct the SVE equipment compound components, procure and install SVE extraction and treatment equipment, and test the SVE system as specified in the Remedial Work Plan. Treatment system plan and schematic are provided below following the schedule of charges. Procurement and installation of the SVE extraction and treatment system components specified in the Remedial Workplan, which include the vacuum pump/blower ( 12 hp 750 cfm two-stage regenerative blower), v apor-liquid separator, vapor-phase granular activated carbon vessels (two 1,000 lbs), and equipment controls. The motor and blower will be installed in a sound enclosure. The SVE compound DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
107
4 construction will include: 1) fencing with green screening fabric around the two open sides (opposite the masonry walls installed by the Contractor), 2) plumbing SVE well conveyance piping to a manifold with structural support, 3) installing valves , flow measurement ports, and sampling ports in the individual SVE lines, 4) anchoring the SVE blower and carbon canist ers, 5) constructing and securing the emission stack, 6) connecting the SVE blower to the electrical service panel installed by the City Contractor inside the compound area, and 7) installing signage and placards on the equipment fencing. Following SVE system installation, SVE startup testing will be performed to verify all components (blowers, valves, and well piping) are functioning as designed and to evaluate SVE performance within individual wells and the SVE system influent. Cost estimate in cludes vapor sampling and analysis from each SVE well and the system influent, treatment system midpoint, and effluent under Task 120. Includes measurement of flow rate and applied vacuum in each SVE well.

Deliverables: An SVE System Installation and Startup Report will be prepared following startup testing. The Report will present system installation information, SVE and soil vapor monitoring well construction details, variations from the original design (if needed), startup procedures implemented, and the results of SVE removal and emission rates with respect to permit requirements. As-builts will be provided for SVE piping and system will be included in the report.

Schedule: The tentative project schedule includes:
• Begin construction of SVE system following completion of trash enclosure and treatment system area installed by the Village Parking Project Contractor, around July 2023.
• SVE system startup, following installation of power by the Village Parking Project Contractor, by January 31, 2024.
• Draft SVE System Installation and Startup Report by March 31, 2024.

Budget: The estimated budget for above work scope is $170,000. -------------------------------------------------------------------------------------------------------------------- Task 120 – Quality Cleaners: SVE System O&M and Reporting (2 Years) Scope: Perform Operation and Maintenance (O&M) and Progress Reporting of the SVE system for a two-year period. Includes monthly inspections and monitoring with a Photoionization Detector (PID) . Includes 8 to 16 additional inspections for additional maintenance, troubleshooting, or system restart after shutdown. Pangea w ill optimize chemical removal rates by the SVE system by adjustment of individual well valves at the piping at manifold, including optimization of SVE on the three different properties (Quality Cleaners, Old Train Depot, and J Cleaners). Includes sampling of all SVE wells at startup (e.g., Day 1), quarterly sampling of key SVE wells, and semi-annual sampling of all SVE wells to compare to startup SVE well conditions. Pangea will also perform system monitoring in accordance with the requirements of the BAAQMD permit to operate.

Pangea will perform quarterly sampling of the carbon influent, midstream, and effluent, per the approved Remedial Work Plan. Pangea will coordinate replacement of spent DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
108
5 carbon of the treatment system and appropriate carbon disposal or regeneration; assumes two carbon changeouts (1,000 lbs) will be required. All O&M activities will be documented in the semi-annual progress reports. Estimate includes monthly O&M for two years following system startup. Assumes City will pay monthly electrical costs for operation.

Deliverables: SVE performance data and vapor extraction/emission analytical data will be presented in semi-annual SVE progress reports.

Schedule: The tentative project schedule includes:
• Begin monthly O&M inspections and SVE well sampling by January, 2024. • First Semi-Annual SVE Progress Report by August 31, 2024. • Second Semi-Annual SVE Progress Report by February 28, 2025. • Third Semi-Annual SVE Progress Report by August 31, 2025. • Fourth Semi-Annual SVE Progress Report by February 28, 2026.

Budget: The estimated budget for above work scope is $215,000. -------------------------------------------------------------------------------------------------------------------- Task 125 – Quality Cleaners: Groundwater Monitoring and Reporting Scope: Perform groundwater sampling from existing monitoring wells following the anticipated completion of remedial excavation and startup of the SVE remediation system, as specified in the Remedial Work Plan. The groundwater monitoring would be performed on all six (6) groundwater monitoring wells present beneath and downgradient of the former Quality Cleaners site. The monitoring purpose is to document stable or decreasing conditions after excavation and SVE startup.

Deliverables: Preparation of a Groundwater Monitoring and Attenuation Evaluation Report. The report will present results of the groundwater sampling analysis, compare the results to historical groundwater data, and conclusions/recommendations regarding chemical attenuation.

Schedule: The tentative project schedule includes:
• Perform groundwater monitoring well sampling event by July 31, 2023, following completion of the “L Street Parking Garage.”
• Draft Groundwater Monitoring and Attenuation Evaluation Report by September 30, 2023.

Budget: The estimated budget for above work scope is $20,000. --------------------------------------------------------------------------------------------------------------------

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
109
6 Task 130 – Quality Cleaners: Soil Gas Monitoring and Reporting Scope: Perform a total of one (1 ) baseline and eight (8) periodic soil gas monitoring events of on-site and off-site soil gas monitoring wells in conjunction with the planned 2- years of SVE remediation. Includes one baseline monitoring event for all on-site (former Quality Cleaners property) and off -site wells ( Old Train Depot property). Includes quarterly soil gas sampling of on- site monitoring wells, with annual sampling of off-site soil gas monitoring wells after the first year and near the 2-year completion of SVE .

Includes one post-remediation sampling event performed three months after system shut down to evaluate conditions for equilibrium and potential VOC concentration rebound. In addition to soil gas sampling, vacuum influence measurements will be obtained periodically. Reports will describe soil gas sampling procedures and results, including figures and tables.

Deliverables: Preparation of six monitoring reports: one baseline, four semi-annual, and one post-SVE report.

Schedule: The tentative project schedule includes:
• Baseline soil gas well sampling event by November 30, 2023. • Baseline soil gas monitoring report by January 31, 2024. • First quarter soil gas well sampling event by March 31, 2024. • First semi-annual (+2nd quarter) soil gas well sampling event by June 30, 2024. • Draft first semi-annual Soil Gas Monitoring Well Report by September 30, 2024. • Third quarter soil gas well sampling event by September 30, 2024. • Second semi-annual (+4th quarter) soil gas well sampling event by December 31, 2024.
• Draft second semi-annual Soil Gas Monitoring Well Report by March 31, 2025. • Fifth quarter soil gas well sampling event by March 31, 2025. • Third semi-annual (+6th quarter) soil gas well sampling event by June 30, 2025. • Draft third semi-annual Soil Gas Monitoring Well Report by September 30, 2025. • Seventh quarter soil gas well sampling event by September 30, 2025. • Fourth semi-annual (+8th quarter) soil gas well sampling event by December 31, 2025.
• System shutdown by December 31, 2025.
• Draft fourth semi-annual Soil Gas Monitoring Well Report by March 31, 2026. • Post- SVE soil gas confirmation sampling event by April 30, 2026. • Draft Post-SVE monitoring report by July 31, 2026.

Budget: The estimated budget for above work scope is $205,000. --------------------------------------------------------------------------------------------------------------------

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
110
7 Task 135 – Quality Cleaners: Closure Request
Scope: Prepare a case closure request for former Quality Cleaners site.

Deliverables: Preparation of the Quality Cleaners case closure request. Closure request will incorporate full site characterization and remediation history and comparison area conditions to the RWQCB’s low -threat closure policy. Includes limited attendance at meetings with City and RWQCB. Assumes a HHRA will not be required to request closure.

Schedule: The tentative project schedule includes:
• Draft Quality Cleaners Closure Request by September, 2026.

Budget: The estimated budget for above work scope is $10,000. ------------------------------------------------------------------------------------------------------------------- Task 200 – Old Train Depot: Construction Observation and Reporting Scope: Assist with implementation of the SMP for the Old Train Depot site (Eden Housing). Provide support pertaining to planning for soil handling, soil vapor extraction expansion from the offsite Quality Cleaners site regarding residual chlorinated solvents in t he Old Train Depot subsurface. A report will be prepared to document the soil management during the planned construction of the Eden Housing project.

Deliverables: Supporting inspection documentation for planned work at Old Train Depot site. construction of the Eden Housing project at the former Old Train Depot. Preparation of a report documenting soil handling and disposal during the construction of the Eden Housing project. Report will include field notes, waste profile information and manifests.

Schedule: The tentative project schedule includes:
• Draft post-construction soil management report by June 30, 2025.

Budget: The estimated budget for above work scope is $15,000. -------------------------------------------------------------------------------------------------------------------- Task 205 – Old Train Depot: Indoor Air Sampling
Scope: Confirm completed building configurations comply with the Old Train Depot HHRA assumptions. Coordination of sampling locations with RWQCB . Perform four confirmation testing events within the planned Eden Housing Project buildings located at the former Old Train Depot site. Sampling will follow work scope presented in the SMP.

Four events will be performed following California Department of Toxic Substances Control (DTSC) and RWQCB protocols. Sampling to confirm conclusions made in the January 2022 HHRA regarding vapor intrusion and determine if any contingency measures are triggered. Assumes one additional contingent sampling event and one pressure differential monitoring event. Assumes the Eden project construction will be DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
111
8 completed by December 31, 2025. Prepare draft technical report documenting the sampling results and presenting conclusions and recommendations. Project discussions with City and Risk Assessor about data, data evaluation, interpretation, and report preparation.

Deliverables: Preparation of figures and tables documenting indoor air sampling results.

Prepare draft technical report s documenting the sampling results from each sampling event and presenting conclusions and recommendations. Includes contingent sampling and pressure differential testing report.

Schedule: The tentative project schedule includes:
• Pre-occupancy sampling event by January 31, 2026.
• Draft report completion by March 31, 2026.
• Post- occupancy (6 months) sampling event by July 31, 2026. • Draft report completion by September 30, 2026.
• Post- occupancy (12 months) sampling event by January 31, 2027. • Draft report completion by March 31, 2027.
• Post- occupancy (18 months) sampling event by July 31, 2027. • Draft report completion by September 30, 2027.

Budget: The estimated budget for above work scope is $80,000. ------------------------------------------------------------------------------------------------------------------- Task 210 – Old Train Depot: Closure Request
Scope: Prepare a case closure request for former Old Train Depot case.

Deliverables: Preparation of the Old Train Depot case closure request. Closure request will incorporate full site characterization and remediation history, HHRA conclusions and comparison of site conditions to the RWQCB’s low-threat closure policy. Includes limited attendance at meetings with City and RWQCB. Assumes no contingent work is required, following indoor air sampling.

Schedule: The tentative project schedule includes:
• Draft Old Train Closure Request by November 30, 2027.

Budget: The estimated budget for above work scope is $10,000. -------------------------------------------------------------------------------------------------------------------

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
112
9 Task 215 – Old Train Deport and Quality Cleaners: Well Destruction Scope: Destroy 29 soil gas monitoring wells, 2 0 soil vapor extraction wells, and 6 groundwater wells following closure approval from RWQCB. Permit required for 46 total wells with the Zone 7 Water Agency. Assumes pressure grouting of wells (e.g., no over drilling).

Deliverables: Well abandonment report documenting the abandonment of all wells on the former Quality Cleaners and former Old Train Depot.

Schedule: The tentative project schedule includes:
• Complete well destruction by December 31, 2026.
• Draft well abandonment report completion by February 28, 2027.

Budget: The estimated budget for above work scope is $60,000. --------------------------------------------------------------------------------------------------------------------- Task 300 – J Cleaners: HHRA and NFA/Closure Requests (Black Box Theater/Science & Society Center)
Scope: Perform HHRA based on soil gas concentrations at the planned Black Box Theatre and Science & Society Center. Prepare No Further Action (NFA) request for the planned Black Box Theatre parcel. Prepare a case closure summary for Blacksmith Square per Water Board request to split off separate case for Blacksmith Square. Prepare a case closure request for former J Cleaners case (Black Box Theatre, Science & Society Center, and Stockmen’s Park).

Deliverables: Preparation of reports evaluating soil gas data and presenting HHRA conclusions prepared by Pangea subcontractor Exponent for the planned Black Box Theatre and Science and Society Center. Assessment will incorporate site conceptual model information and available data and will help establish remediation and/or mitigation goals for existing and planned site development with respect to subsurface VOC contamination. Includes limited attendance at meetings with City and San Francisco RWQCB. Draft technical reports presenting conclusions and recommendations regarding need for remediation of VOC source material or mitigation of potential vapor intrusion.

Preparation of a NFA request for the parcel(s) that includes the planned Black Box Theatre. NFA request will incorporate site characterization and remediation history, HHRA conclusions, and comparison of parcel conditions to the RWQCB’s low -threat closure policy. Includes limited attendance at meetings with City and RWQCB.

Preparation of the J Cleaners case closure request. Closure request will incorporate full site characterization and remediation history, HHRA conclusions for all parcels in the area of the former J Cleaners, and comparison of area conditions to the RWQCB’s low-threat closure policy. Includes limited attendance at meetings with City and RWQCB.

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
113
10 Schedule: The tentative project schedule includes:
• Case Closure Summary for Blacksmith Square by March 2023. • Draft Black Box Theatre HHRA by April 30, 2023.
• Draft Black Box Theatre NFA by May 31, 2023.
• Draft Science and Society Center HHRA by April 30, 2025. • Draft J Cleaners Closure Request by June 30, 2025.

Budget: The estimated budget for above work scope is $70,000. ------------------------------------------------------------------------------------------------------------------- Task 305 – J Cleaners: Soil Gas Sampling (Science & Society Center) Scope: Perform up to four seasonal soil gas well sampling events near future Science & Society building. Perform the sampling events on up to 8 existing soil gas wells on and near the Science & Society Center area. This sampling will first include sampling to evaluate conditions prior to and during voluntary remediation conducted by the City to provide additional VOC removal from the subsurface to further safeguard human health and the environment. At least one post-SVE event will be conducted. Sampling will assist with HHRA preparation by providing additional temporal VOC concentrations in soil gas near the planned Science & Society Center. Prepare draft and final technical report s documenting the sampling results and presenting conclusions and recommendations.

Deliverables: Preparation of figures and tables documenting soil gas sampling results.

Prepare a draft technical report documenting the sampling results and presenting conclusions and recommendations. Prepare a final report incorporating stakeholder comments.

Schedule: The tentative project schedule includes
• Initial soil gas sampling event (pre-SVE) by June 30, 2023. • Cold/wet season soil gas well sampling event by December 31, 2023. • Warm/dry season soil gas well sampling event by June 30, 2024. • Post- SVE soil gas well sampling event by December 31, 2024. • Draft report completion by February 28, 2025.

Budget: The estimated budget for above work scope is $40,000. -------------------------------------------------------------------------------------------------------------------

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9 EXHIBIT A 114
11 Task 310 – J Cleaners: Site Management Plan
Scope: Prepare a Site Management Plan (SMP) for all future site construction work , including the Science & Society Center. The SMP will describe the nature of subsurface conditions in soil, groundwater, and soil gas for contractors working on the site and for health and safety planning. The SMP will describe dust control measures, VOC vapor screening, soil management, and post construction sampling. The SMP will be prepared in advance of planned development to establish soil handling and material import procedures. Pangea will respond to any City or contractor notification of suspect chemical conditions.

Deliverables: Includes preparation of a SMP for the any site demolition and earthwork.

Preparation of figures and tables summarizing soil, groundwater, and soil gas conditions at the site.

Schedule: The tentative project schedule includes:
• Draft SMP completion by June 30, 2024.

Scope: Destroy 19 soil gas monitoring wells following closure approval from RWQCB.

Permit the removal of 5 of 19 wells with the Zone 7 Water Agency. Assumes no over drilling required.

Deliverables: Well abandonment report documenting the abandonment of all on- site wells.

Schedule: The tentative project schedule includes:
• Complete well destruction by July 31, 2025.
• Draft well abandonment report completion by September 30, 2025.

Budget: The estimated budget for above work scope is $25,000. ---------------------------------------------------------------------------------------------------------------------

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
115
12 Task 400 – Downtown CORE Environmental Support (As Needed) Scope: Pangea shall provide as -directed services to the City. Any use of the budget allowance shall require written authorization from the City that includes scope of as - directed services and an agreed upon not -to-exceed limit. As-directed services may include participation in public and agency meetings, and review of agency and C ity communications.

Deliverables: N/A
Schedule: The tentative project schedule includes:
• Provide as-needed environmental services following execution of this contract. • Includes the following activities at the request of the City, but not limited to:
o Participation in public and agency meetings not included in other tasks. o Preparation and/or review of City and RWQCB public notices and other communications.
o Inspections and site visits requested by City.

Budget: The estimated budget for above work scope is $35,000. --------------------------------------------------------------------------------------------------------------------- Total of budget for above work scope is $1,165,000.
-------------------------------------------------------------------------------------------------------------------

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
116
13 Schedule of Charges
Project task will be performed on an as needed, time-and-materials and a not-to-exceed (T&M NTE) basis. Our schedule of charges for personnel and outside expenses is:

Personnel Level Hourly Rate
Principal Engineer/Geologist $ 200
Senior Engineer/Geologist $ 175
Project Engineer/Geologist $ 150
Staff Engineer/Geologist $ 130
Senior Technician $ 120
Technician $ 100
Graphics (Drafting/AutoCad) $ 90
Clerical $ 75
Mileage $0.75/mile
Outside Expenses/Materials Cost & 15%

Rates increase by 50% for expert testimony.

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
117
Revised 5/1/2018 B16 – 2M E&O

Page 1 ends

EXHIBIT B

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease.

A waiver of subrogation is required for Workers’ Compensation insurance.

If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”

4. Professional Liability/ Cyber Liability/Errors and Omissions:
$2,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
118
Revised 5/1/2018 B16 – 2M E&O

Page 2 ends

volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550

DocuSign Envelope ID: A5C546E8-3C51-4E8C-B8A2-4DB41C22ACE9

EXHIBIT A
119

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the City Manager to execute a lease agreement with the Livermore Flying Electrons Radio Control Club, Inc. that allows them to continue operating the Raymond Road Model Aircraft Facility.

RECOMMENDED ACTION

SUMMARY
The City owns approximately 278 acres of land (Property) generally bound by Raymond Road, Ames Street, Lorraine Street, and Hartford Road (extension). The site is largely vacant and much of it is in a birds’ beak preserve with a portion of the land located over a former city dump, closed in 1962.

The City entered into a property use agreement with the Livermore Flying Electrons Radio Control Club, Inc. (LFE) in 1986 to allow LFE to use the Property as a model aircraft facility to fly radio-controlled model aircraft and operate radio-controlled cars (Raymond Road Model Aircraft Facility). The property use agreement between the City and LFE expired in 2005. In 2005 the City entered into a lease agreement with the Livermore Area Recreation and Park District (LARPD) to manage and sub-lease the Property to LFE to allow them to continue to operate the Raymond Road Model Aircraft Facility on the Property. The lease agreement with LARPD and subsequent sub-lease agreement between LARPD and LFE have expired.

This lease agreement between LFE and the City will allow LFE to continue operating the Raymond Road Model Aircraft Facility on the Property.

DISCUSSION
The City owns approximately 278 acres of land generally bound by Raymond Road, Ames Street, Lorraine Street, and Hartford Road (extension), Assessor's Parcel Numbers 902-0003-003-01, and 902- 120
0003-004-03 as depicted in Attachment 1. The site is largely vacant and much of it is in a birds’ beak preserve with a portion of the land located over a former city dump, closed in 1962. The dump was capped as part of City Project 200620 and closure was approved by the Alameda County Health Department on November 15, 2016.

The City entered into a property use agreement with LFE in 1986 to allow LFE to use the Property as a model aircraft facility to fly radio-controlled model aircraft and operate radio-controlled cars (Raymond Road Model Aircraft Facility). The Property use agreement between the City and LFE expired in 2005.

In 2005 the City entered into a lease agreement with the Livermore Area Recreation and Park District (LARPD) to manage and sub-lease the Property to LFE to allow them to continue to operate the Raymond Road Model Aircraft Facility on the Property. The lease agreement with LARPD and subsequent sub-lease agreement between with LARPD and LFE have expired.

LFE wishes to enter into a new lease agreement with the City to continue operating the Raymond Road Model Aircraft Facility on the Property. The term of the proposed lease agreement is forty years with an option to extend an additional fifteen years. Either party may terminate this Lease for any reason with six month's written notice to the other. Upon termination, LFE shall remove any improvements on the Property.

The proposed lease area boundary consists of an avigation area that encompasses the entire 278 acre property to be used to navigate the radio-controlled aircraft above the property and allow the users to retrieve their aircraft when required, with an approximately 300-foot x 900-foot internally fenced Primary Lease Area (PLA) with improvements that include a landing and take-off surface, a dirt track for operating radio-control cars, automobile parking, chemical restroom facilities, spectator bleachers, and other facilities related to the use of remote-control model aircraft and cars as depicted in Exhibit C of the lease agreement.

FISCAL AND ADMINISTRATIVE IMPACTS

LFE shall pay the City rent for the Property in the amounts of $500 annually for the initial five years, $600 annually for the second five years, and $700 annually for the remaining term of the lease. These funds will be deposited into the City's General Fund

COMMUNITY PILLAR

4: Inclusive and Inviting Spaces and Places

GOAL

6: Provide effective support for community events.

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Lease Agreement
121

Prepared by: Mike Pato
Management Analyst II

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
122
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. The City of Livermore is not responsible for misuse or errors or omissions on this map. All information should be confirmed.

LFE Vicinity Site Plan
7,032
Information Technologies, GIS Division, City of Livermore 1,172.0
Legend
1:

NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet0 1,172.0585.99 Notes
2/3/2023Date Printed:

City Limits
Major Streets (> 62,500)
Collector Street Names (2500-36000)
Local Street Names (2500-12500)
Street Centerline
Interstate
Other Freeway or Expressway
Principal Arterial
Collector
Local
Ramp
Private Streets
Railroad
Road Casings
Private
Public
Parcels
ATTACHMENT 1
123
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A

LEASE AGREEMENT WITH THE LIVERMORE FLYING ELECTRONS RADIO CONTROL CLUB, INC.

The City of Livermore (“City”) owns approximately 278 acres of land (Property) generally bound by Raymond Road, Ames Street, Lorraine Street, and Hartford Road (extension). The site is largely vacant and much of it is in a birds’ beak preserve with a portion of the land located over a former city dump, closed in 1962.

The City entered a property use agreement with the Livermore Flying Electrons Radio Control Club, Inc. (LFE) in 1986 to allow LFE to use the Property as a model aircraft facility to fly radio-controlled model aircraft and operate radio-controlled cars (Raymond Road Model Aircraft Facility). The property use agreement between the City and LFE expired in 2005. In 2005 the City entered into a lease agreement with the Livermore Area Recreation and Park District (LARPD) to manage and sub-lease the Property to LFE to allow them to continue to operate the Raymond Road Model Aircraft Facility on the Property. The Lease Agreement with LARPD and subsequent sub-lease agreement between LARPD and LFE have expired.

LFE wishes to enter into a lease agreement with the City to continue operating the Raymond Road Model Aircraft Facility on the Property.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby adopts a resolution authorizing the City Manager to execute a lease agreement with the Livermore Flying Electrons Radio Control Club, Inc., attached hereto as Exhibit A, that allows them to continue operating the Raymond Road Model aircraft Facility.

On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on April 24, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST: APPROVED AS TO FORM:
_______________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Lease Agreement
124

Page 1 of 8 ends

RECORDING REQUESTED BY:

AND
WHEN RECORDED MAIL TO:

City Clerk
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
ABOVE THIS LINE FOR RECORDER’S USE
_____________________________________________________________________________________ MAIL TAX STATEMENTS TO: The Undersigned grantor(s) declare(s):

CITY TRANSFER TAX $ Government Agency
DOCUMENTARY TRANSFER TAX $ Acquiring Title
SURVEY MONUMENT FEE $ Tax Code §§ 11922
SAME AS ABOVE Computed on the consideration or value or property conveyed: OR Computed on the consideration or value less liens or encumbrances. remaining at time of sale.
_____________________________________________________________________________________________________________________ APN’s: 902-0003-003-01 Exempt from filing fees per Government Code Section §§ 27383 & 6103 & 902-0003-004-03

LEASE AGREEMENT BETWEEN CITY OF

LIVERMORE AND THE LIVERMORE FLYING

ELECTRONS
This Lease is entered into on ____________________, 2023, between the Livermore Flying Electrons Radio Control Club, Inc. (“LFE”), the lessee, and the City of Livermore, a municipal corporation (“CITY”), the lessor.

Recitals
This Lease is based on the following facts:

A. The City owns approximately 278 acres of real property generally bound by Raymond Road, Ames Street, Lorraine Street, and Hartford Road (extension), Assessor's Parcel Numbers 902-0003-003-01 and 902-0003-004-03. The site is largely vacant and much of it is in a bird’s beak preserve.

B. City wishes to lease the site to the Livermore Flying Electrons (LFE) consisting of a 278-acre Avigation Area and an approximately 300 x 900-foot Primary Lease Area at Raymond Road within the Avigation Area as shown in Exhibit A. The Property is located over a former City dump, closed in 1962.

C. The City dump, located within the Avigation area was capped as part of City Project 200620 and was approved by Alameda County Health Department on November 15, 2016.

EXHIBIT A
125
Pa ge 2 of 8
NOW, THEREFORE, the parties agree as follows:

Section 1: Definitions.

1.1 Property. The Property which is the subject of this Lease is an approximately 300 x 900-foot Primary Lease Area (PLA) along Raymond Road between Lorraine Street and Ames Street, and an approximately 278-acre Avigation Area, all as described and shown in Exhibit A (together the Property).

Section 2: Term of Lease.

2.1 Lease. The City agrees to lease the Property to LFE. LFE agrees to lease the Property subject to the terms of this Lease. This Lease begins on the date it is signed by both parties.

2.2 Lease term. The term of the Lease shall be for a fixed period of forty (40) years, commencing on the “ Effective Date” of the Agreement, which shall be the date on which both City and Lessor have executed the Agreement. The term of the Lease shall be automatically extended for three (3) additional 5-year periods under the same conditions, unless Lessee provides City with written notice of its intention not to extend the term not less than 90 days in advance of the expiration of the initial term and if appropriate, the expiration of the first extension term.

Pursuant to Livermore Municipal Code section 2.72.020 the maximum term for the City’ lease is fifty-five (55) years. At the end of the Term of Lease of fifty-five years, the parties may meet and confer to discuss the creation of a new lease for a maximum term of fifty-five years.

Section 3: Use of Property.

3.1 Use of property. LFE may use the Property for any purpose consistent with the Livermore General Plan designation (General Agriculture) and zoning designation (Open Space Agricultural-OSA) including the flying of radio- controlled aircraft and operating radio-controlled cars by club members, and retrieval of the radio-controlled aircraft within the Avigation Area. Use of the Property is limited to daylight hours and is subject to the following special requirements:

A. Improvements. There are existing improvements to the Property, within the PLA including but not limited to a landing and take-off surface, a dirt track for radio control cars, auto parking, chemical restroom facilities, spectator bleachers, and other facilities related to the use of remote-control model aircraft and cars, See attached Exhibit C for location and description of improvements. These existing improvements are allowed to remain and are required to be properly maintained by LFE for the term of the Lease. Any proposed new improvements shall be presented to the City for review and approval prior to the installation of

EXHIBIT A
126

Page 3 of 8 ends

the improvements. LFE shall be responsible for all costs associated with the proposed improvements including the costs of any required permits.

All existing and any approved future improvements shall be limited to being installed within the PLA only.

B. Parking. Any auto parking by club members, families, friends or observers shall be within the PLA only. No parking shall be allowed along Raymond Road. The club shall provide and maintain an all-weather parking area within the PLA.

C. Noise. The City staff monitored the flight of radio-controll ed aircraft at the closest residence to the Property using sound meters and determined that the sound level at the closest residence was very low and would not be a nuisance with the then-planned activities. Sound levels shall be maintained at levels compatible with residential properties in the area.

D. Permits and safety. The Flying Electrons must obtain from appropriate authorities all regulatory permits, approvals and authorization necessary for the club's operations and activities. The club shall follow all club safety rules and the rules of the Academy of Model Aeronautics related to the ground and aerial activities of the Club.

E. Fencing. The approximately 300 x 900-foot PLA of the Proper t y
must be fenced as dimensioned on Exhibit A and as shown on Exhibit C.

Gates between the PLA and the Avigation Areas shall be kept closed and locked at all times.

F. Weed Abatement. LFE shall abate all weeds within the approximately 300’x900’ PLA as shown on Exhibit C. The City shall abate all weeds on the remainder of the property as deemed necessary for fire prevention.

G. Portable Toilet. LFE shall arrange and maintain one portable toilet within the 300’x900’ PLA.

H. Children. LFE shall control the behavior of children visitin g and
using the property to ensure their safety and well-being.

I. Fuel. LFE shall insure that fuel and other combustible liqu i ds for
model airplanes and cars be properly stored in approved containers.

Combustible liquids shall be handled safely to avoid injury to participants and spectators, and to avoid fires to the Property. Appropriate fire extinguishers shall be kept on site and in working order.

EXHIBIT A
127
P age 4 of 8
J. Special Events. LFE shall provide the City a list of scheduled events at the property on an annual basis every January 1st.

3.2 Birds Beak Preserve. LFE's use of the Property must be consistent with its status adjoining a birds beak preserve. See attached Exhibit D for Management Plan for the Springtown Alkali Sink Wetlands and the Endangered Plant Cordylanthus Palrnatus, prepared by Philip Williams and Associates and partly funded by the US. Fish and Wildlife Service, dated October, 1988. The Property is located in Zone B of the birds beak preserve, which includes the following restrictions (from Plan page 34):
"Zone B. This zone provides a buffer around Zone A that is needed to ensure protection from disturbance. The zone includes areas of saline-sodic soils that support annual and perennial grasslands, but not wetlands or alkali sink scrub vegetation....

Management objectives for this zone include:

1. No new subdivisions, roads, or other development.
2 . Open space uses, such as picnic areas and playing fields are acceptable, provided they create no off-site hydrologic impacts.

3. Free-roaming dogs and BMX bicycles are acceptable, but not mechanized ORVs."

3.3 Nuisances prohibited. LFE shall not commit or permit to be committed any waste on or of the Property, and LFE shall not do or permit to be done any act in or about the Property which shall be a nuisance or which may endanger any property.

3.4 Compliance with laws. No use of the Property shall be made or permitted which is in any manner contrary to the statutes, ordinances, regulations, and other requirements of law in effect during the term that regulate the use of the Property.

S
ection 4: Rent; Payments due,

4.1 Rent. LFE shall pay to the City rent for the Property in the amounts set forth below:
$500 annually for the initial five years.
$600 annually for the second five years.
$700 annually for the remaining term of the Lease described in Section 2.2.

4.2 Payments due. Rent payments are due by April l o f each year, beginning April 1, 2023 (with a pro-rata credit for any payment by Flying Electrons for the same year period).

EXHIBIT A
128
P age 5 of 8
Section 5: Taxes.

5.1 Taxes. The rent paid shall be inclusive of real property taxes. If LFE's interest creates additional real property taxes, LFE is responsible for paying those taxes. (California Revenue and Taxation Code section 107.6.).

Section 6: Insurance; Hold harmless.

6.1 Insurance requirements. LFE shall maintain insurance in the amounts and under the terms set forth in Exhibit "B" attached, naming the City as an additional insured.

6.2 Hold harmless and Indemnification. To the fullest extent permitted by law Lessee shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Lessee’s lease of the Leased Property, or in connection with Lessee’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Lessee’s obligations to hold harmless, defend, and indemnify shall not be excused because of Lessee’s inability to evaluate Liability or because Lessee evaluates Liability and determines that Lessee is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Lease Agreement. These obligations shall survive the completion or termination of this Lease Agreement. Lessee must respond within 30 days to the tender of any claim for defense and indemnity by the City.

Lessee, as a material part of the consideration given to City, hereby (i) assumes all risk of damage to property or injury to persons in, upon or about the Leased Premises arising from any cause including, but not limited to, any theft, vandalism, damage, injury to person or death resulting from the condition of the Leased Premises during the Term hereof but excluding any claims (except for those claims arising from City’s alleged failure to supervise or control Lessee’s actions or Lessee’s use of the Leased Premises) arising from the negligence or willful misconduct of City, and (ii) waives all claims in respect thereof against City.

Section 7: Termination; Default; Remedies.
7 . 1 Termination. Either party may terminate this Lease for any reason with six month's written notice to the other. Upon termination, LFE shall remove any improvements on the Property.
7 . 2 Defaults. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by LFE.

A. The failure by LFE to make any payment of rent or any other payment

EXHIBIT A
129
P age 6 of 8
required to be made by LFE, when due, when the failure continues for a period of 10 days after written notice from the City of the overdue amount.

B. The failure by LFE to observe or perform any of the conditions or provisions of this Lease, when the failure continues for a period of 30 days after written notice from the City.

7.3 Remedies in default. If LFE is in breach or default of this Lease, the City may terminate the Lease and LFE's right to possession of the Property, and require that LFE remove any improvements on the Property at its cost.

Section 8: Miscellaneous Provisions.

8.1 Assignment and subletting. LFE shall not assign, transfer, mortgage, sublet, or otherwise transfer or encumber any of LFE' s interest in this Lease or in the Property without the City's prior written consent, which the City shall not unreasonably withhold.

8.2 Surrender. At the end of the term or upon sooner termination of this Lease, LFE shall surrender the leased Property to the City after removal of the improvements.

8.3 Entry and Inspection. CITY reserves the right to enter the Property at any reasonable time to inspect for Lease compliance, and to inspect the condition and safety of any of the improvements within the PLA. Any improvements deemed unsafe and or need of repair shall be repaired by LFE to the satisfaction of the City.

LFE shall be responsible for all costs associated for repairing the unsafe improvements to meet current building and safety codes. LFE shall be responsible for obtaining all necessary permits to complete the repairs. This right of entry shall, except in an emergency, be exercised within seven (7) days written notice and all efforts, including, but not limited to changing/delaying the time of entry, are made to avoid disruption of LFE programs, facility management, or operations.

8.4 Waiver. A term or condition of this Lease may be waived at any time by the party entitled to the benefit thereof, but no such waiver shall affect the right of the waiving party to require observance, performance or satisfaction either of that term or condition as it applies on a subsequent occasion or of any other term or condition.

8.5 Amendment. This Lease may be modified at any time by written agreement of the parties.

8.6 Notices. Any notice under this Lease shall be in writing. A written notice or other document shall be deemed to have been duly given on the date of personal service or on the fifth business day after mailing, if the document is mailed by registered or certified mail addressed to the parties at the addresses set forth below, or at the most recent address specified by the addressee:

EXHIBIT A
130
P age 7 of 8
City: City Manager
City OF LIVERMORE
1052 South Livermore Avenue
Livermore, CA 94550
LFE: Secretary
Livermore Flying Electrons Radio
Control Club, Inc. P.O. BOX 2182
Livermore, CA 94551

8.7 Entire agreement. This document constitutes the entire agreement between the parties.

8.8 Holding Over. If LFE holds over at the Property after the expiration of the term with the consent of the CITY, either express or implied, such holding over shall be construed to be only a tenancy from month-to-month subject to all the other terms in this Lease. LFE hereby agrees to continue payment of all monetary sums (such as base monthly rent, taxes, insurance, etc.), which are LFE’s obligation under this Lease.

8.9 Force Majeure. No party shall be deemed to be in breach of this Lease if it is prevented from performing any of its obligations (excepting only the payment of monies then due) for any reason beyond its reasonable control (an “occurrence of force majeure”), including, without limitation, acts of God, riots, strikes, labor disputes or disruptions, fires, storms, actual or threatened health emergency (including without limitation, epidemic or pandemic, famine, disease, plague, and quarantine), or any other cause beyond such party’s reasonable control.

However, such excuse shall continue only during the pendency of the particular occurrence of force majeure.

8.10 Interpretation. Neither party shall be considered the drafting party for the interpretation of this Lease. Therefore, the convention construing this Lease in favor of one party or against another shall not apply.

8.11 Recording. This Lease shall be recorded in the office of the County Recorder, Alameda County.

8.12 California law. This Lease Agreement shall be governed by and construed in accordance with the laws of the State of California.

8.13 Headings. The headings used in this Lease are intended for reference only and do not define or limit the scope or meaning of any provision of this Lease.

8.14 Attachments. All attachments referred to in and attached to this Lease Agreement are incorporated by reference as though set forth in full.

EXHIBIT A
131
IN WITNESS WHEREOF, the parties to this Lease have executed this Lease as of the dates set fo1th below.

8. 15 Signatures. (Shall be notarized):

LESSOR:

City of Livermore
A municipal corporation
By: Marianna Marysheva, City Manager
Approved as to Insurance:

By: ___________ _
Risk Analyst/Manager
Approved as to Form:

By:-----------
Assistant/City Attorney
LESSEE:

Dated:

Livermore Flying Electrons Radio Control Club, Inc.

By: Leo>, et....,..j /4..,,. l ;,
Title: [:�u-<r.., ,L,..:;Jt--
Exhibit A -Prope1ty
Exhibit B - Insurance
Exhibit C - Primary Lease Area Improvements
----------
Dated: 3/4 o /2-6 2..3
--7-r--,----�-
Exhibit D - Management Plan for the Springtown Alkali Sink Wetlands and the Endangered Plant Cordylanthus Palrnatus

Page 8 ends

EXHIBIT A
132

EXHIBIT A
133

EXHIBIT A
Sheet 1 of 2

LEGAL DESCRIPTION

TO ACCOMPANY THE LEASE AGREEMENT

BETWEEN THE CITY AND LIVERMORE FLYING
ELECTRONS RADIO CONTROL CLUB INC.

RAYMOND ROAD MODEL AIRCRAFT FACILITY

Real Property situate in the City of Livermore, County of Alameda, State of California, being a portion of the South½ of Section 27, Township 2 South, Range 2 East, Mount Diablo Base and Meridian, as follows:

An approximately 300-foot x 900-foot, PRIMARY LEASE AREA (PLA), for the construction and maintenance of a landing and take-off surface, a dirt track for radio control cars, auto parking, chemical restroom facilities, spectator bleachers, and other facilities related to the use of remote-control model aircraft and cars over and upon a parcel of land described as follows:

Beginning at a point on the southern right of way line of Raymond Road (County Road No, 7959, 50 feet wide), located West, 1563 feet along said line from the East Line of the hereinabove described Section 27, said point being at the intersection of said southern line of Raymond Road with the fence marking the eastern line of said approximately 300 x 900 foot PLA; thence from said point of beginning continuing along said southern line of Raymond Road, West, 900 feet; Thence, South, 300 feet; thence, East, 600 feet; thence, North, 25 feet; thence East 300 feet; thence, North, 275 feet to the Point of Beginning.

Together with, an AVIGATION AREA, for the flights of Model Aircraft in the Airspace above the lands of the Avigation Area and retrieval of the Model Aircraft within the Avigation Area, described as follows:

All that certain Real Property situate on the South½ of Section 27, Township 2 South, Range 2 East, Mount Diablo Base and Meridian, conveyed to the City of Livermore by the Grant Deed recorded August 25, 1953, in Book 7115 of Official Records at Page 369, under Series No. AH-75315, by the Grant Deed recorded December 24, 1953, in Book 7112 of Official Records at Page 417, under Series No. AH-112099 and by the Grant Deed recorded December 28, 1981, under Series No. 81-214574, Official Records of Alameda County,

Containing a total of 278.06 Acres, more or less.

EXHIBIT A

134

EXHIBIT A

135

EXHIBIT B

INSURANCE REQUIREMENTS

Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

Commercial General Liability, including operations, products and completed operations, as applicable: $1,000,000/$2,000,000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

3. Any failure to comply with reporting or other provisions of the policy,

EXHIBIT A

136
including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550.

EXHIBIT A

137
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. The City of Livermore is not responsible for misuse or errors or omissions on this map. All information should be confirmed.

LFE Aerial Site Plan 1
1,758
Information Technologies, GIS Division, City of Livermore 293.0
Legend
1:

NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet0 293.0146.50 Notes
2/3/2023 Printed:

City Limits
Street Names (0-2500)
Buildings
Street Improvements
CurbGutter
Landscape
Median
Sidewalk
Road Casings
Private
Public
Parcels

EXHIBIT A

138

PRIMARY LEASE AREA IMPROVEMENTS
Item Description Unit Quantity

1. Surfacing
a. 2"/4" AC sf 33,500
b. Gravel Parking Area sf 19,785
c. 6"x 6"x 8' RW Bumper Stops ea 25
d. Astro Turf Material sf 21,160

2. Pit Area
a. 8 ft Wood Structure w/sun shade material sf 4,600
b. 120 volt GFCI power outlets ea 34
c. Audio Speaker Outlets w/wiring ea 5
d. 4' x 8' wood tables ea 28
e. 4' x 4' wood tables ea 3
f. Airplane Startup Stands ea 5
g. Plastic Chairs ea 21
h. Camera Boxes ea 4
i. Cameras (for online viewing) ea 12

3. Fencing
a. 3 wire barbed-wire fence w/T-posts lf 1,500
b. 3-wire gate ea 2
c. 4' CL fence lf 289
d. 16' Swinging Gate Assembly w/lock ea 1
e. Plastic Environ Fencing w/T-posts lf 220

4. Steel "Containers"
a. 8'x12' container ea 1
b. 8'x20' container ea 3
c. Electrical Power Panel/Breaker Box - 125 Amp ea 1

5. Car Track
a. Elevated Pilot Platform - Wood ea 1
b. Viewing Grandstand - Aluminum ea 1
c. 120 volt GFCI power outlet ea 1
d. 120 volt service to 20' container lf 130

6. Electric Service - Main
a. Service Pole w/96' service line ea 1
b. Meter Box - PG&E ea 1
c. Electrical Power Panel/Breaker Box - 100 Amp ea 1
d. 120 volt service to 12' container lf 165
1 EXHIBIT A
139

PRIMARY LEASE AREA IMPROVEMENTS
Item Description Unit Quantity

7. Miscellaneous
a. Flagpole - 45' ea 1
b. Portable Toilet ea 1
c. Verizon Mobil Internet Connection ea 1
d. Fire Extinguisher - 5# Dry Chemical ea 5
e. Fire Extinguisher - 2.5 Gal Water ea 4
f. BBQ ea 1
1 EXHIBIT A
140

A MANAGEMENT PLAN FOR THE

SPRINGTOWN ALKALI SINK WETLANDS

AND THE ENDANGERED PLANT
CORDYLANTHUS pALMATUS

EXHIBIT A

141
• STATE OF CALiFORNIA--THE RESOURCES AGENCY GEORGE DEUKMEJIAN, C_=:- i' DEPARTMENTOF FiSH AND GAME
1416 NINTH STREET
. P.O. BOX 944209
I ACRAMENTO, CALIFORNIA 95814-2090(916) 445-3531
December 27, 1988
Mr. Robert Brown, Planning Director
City of Livermore
Administration Building
1052 South Livermore Avenue
Livermore, CA 94550
Dear Mr. Brown:

Management Plan fOE the Springtown Alkali Sink Wetlands and the Endangered Plant Cord¥1anthus palmatus (palmate-bracted blrd's-beak) We are pleased to present the results of the recently completed proposed management plan for the Springtown wetlands in the City of Livermore. This project was undertaken as a consequence of the substantial concerns of the U.S. Fish and Wildlife Service and California Department of Fish and Game that, without specific regulatory and management guidance to the City from our agencies, urban development would threaten the highly significant biologicalvalues and resources of the Sprlngtown wetlands, an area that supports the largest viable population of the state and federally endangered palmate-bracted blrd's-beak (Cordylanthus _).

I Expansion of urban development in and around Livermor_readyellminated substantial areas of valuable wetland and other formerly productive fish and wildlife habitat. Projected future growth of the I City of Livermore threatens to cause additional significant losses ofthese dwindling natural resources. Without adequate native habitat, healthy populations of fish, wildlife and endangered species will not survive in the wild, depriving future generations of their natural I biological heritage.

Chapter i0 of the attached report identifies land use designations and wetland management actions necessary to ensure the protection and long-teEm maintenance of the wetland area and its diversity of fish, wildlife and plants. The land use designations constitute zones of allowable use intensity, with guidelines for each zone on the general types and levels of land use that are compatible with maintaining the long-term viability of the Springtown wetlands. This is intended to assist the City of Livermore in making land use decisions for the area. We believe that, if implemented, they would ensure the j protection of this highly significant ecosystem.

EXHIBIT A

142
I Mr Robert Brown -2-I
[ The report emphasizes that the continued viability of the Sprlngtown wetlands and its animals and plants directly and critically depends l upon maintaining the structural and functional integrity of the watershed. Therefore, the planning area identified in the report for the maintenance of the Springtown wetlands includes approximately 13 square miles of watershed lands. The potential presence of the I state- and federally listed endangered San Joaquin kit fox in this ] area should be an important additional consideration in implementingthese recommedatlons.

We recognize that implementing this plan would create an ecological preserve that would prohibit or severely restrict private development. To obtain the necessary degree of habitat protection, therefore, will require that government at all levels proceed to bring the private land under public protection through one or more mechanisms available to them. Alternatives include:
(i) A clty-admlnlstered density transfer from Zones A and B to less sensitive private lands planned for development, with dedication of the preserved lands to the City;
(2) Use of funds from development fees wlthln a designated feeboundary area or assessment district; 1 (3) Use of funds conveyed to cities and counties for
J preservation of natural resources through Proposition 70; (4) Use of funds administered by the State Wildlife
Conservation Board generated by Proposition 70 or derived from the California Environmental License Plate Fund;
(5) Acquisition by the U.S. Fish and Wildlife Servlce; or (6) A combination of the above.

Ultimately, management and administration of a preserve could be undertaken by local, regional, state or federal agencies through interagency agreements.

We offer this report in the spirit of cooperation and as a first step toward resolving the land use conflicts surrounding the protection of the Sprlngtown wetlands. We further suggest a meeting of our staffs I to discuss the contents of the report and to answer any questions you or your staff may have. We look forward to working with the City and private landowners on this important matter.

EXHIBIT A

143
Mr. Robert Brown -3-
If you or your staff have any questions, please contact Carl Wilcox at (707-944-5525) or Ted Wooster (707-944-5524) of the Department, or Monty Knudsen (916-978-4866) of the Service.

Sincerely,
Pete Bontadelll
Director
Department of Fish and Game
David L. Harlow
ActingField Supervisor
Sacramento Endangered Species Office
U.S. Fish and Wildlife Service
Attachment
cc: Col. Galen H. Yanagihara, District Engineer, U.S. Army Corps of Engineers
Hr. Steve Richey, Executive Director, Regional Water Quality Control Board, San Francisco Region
Mr. william H. Fraley, Planning Director, Alameda County I Mr. Harvey E. Bragdon, Planning Director, Contra Costa County

EXHIBIT A

144
Philip Williams & Associates Pier 35, The Embarcadero
Consultants in Hydrology San Francisco,CA 94133
Phone: (415) 981,-8363

A MANAGEMENT PLAN FOR THE

SPRINGTOWN ALKALI SINK WETLANDS

AND THE ENDANGERED PLANT

PALMATUS
by
Robert Coats, Ph.D.

Principal
Philip Williams and Associates
Mary Ann Showers
! Consulting Botanist
and
./ Bruce Pavlik, Ph.D.

Mills College
i Funded in part by
1 U.S. Fish and Wildlife Service
I Endangered Species Grant-in-Aid
Contract No. EP 87I-i
)
! and
California Endangered Species Tax Check-Off Fund
j Contract No. FG-7448
October 1988
/
#490
I
' Environmental Hydrology Engineering Hydraulics Sediment Hydraulics Water Resources

EXHIBIT A

145

TABLE OF CONTENTS
Page No.

Acknowledgements v
Executive Summary 1

1.O Introduction 5
i.i The Importance of Wetlands 6

1.2 Legal andPolitical Framework 9
I 1.3 The U.S. Army Corps of Engineers i0Wetlands Jurisdiction at Springtown I 2.0 State-wide Status of _ ii
Dalmatus

2.1 Colusa County 12

2.2 Yolo County 12

2.3 Fresno County 13

3.0 Land Ownership and Land Use History 15
i 4.0 Geomorphology and Soils 16

5.0 Climate 19

6.0 Hydrology 20

7.0 Vegetation of the Springtown Alkali 23
Sink

7.1 Methods 23
i 7.2 Results 24
/
i

EXHIBIT A

146
Page No.

8.0 Water and Salinity Relations of 26
I of_ 30

9.O Microdistribution

9.1 Methods 30

9.2 Results 30
I0.0 Management Plan for_ 32
Dalmatus and the Springtown AlkaliSink

11.0 Monitoring Program for _ 36 •_almatus

12.0 S_!_ry and Conclusions 40
I. Morphology of _ _almatus and C. mo11_ ssp.hlsDidus
II. Partial List of Plant Species at the Springtown AlkaliSink III. The Significance and Distribution of Wetlands, Saline- Sodic Soils and Alkali Sink Scrub Vegetation
IV. Monitoring Methods in Detail
V. Wildlife at the Springtown Alkali Sink
VI. Chemical Properties of Soils at the Springtown AlkaliSink vii. The Policies and Statutory Authorities of Agencies Involved with the Springtown Alkali Sink Wetlands
ii

EXHIBIT A

147

LIST OF FIGURES

1.0 Location map of the Springtown Alkali Sink '_

1.1 Areas designated as wetlands by the U.S. Army Corps of Engineers

2.0 State-wide distribution of Cordvlanthus Dalmatus

3.0 Major property ownerships on the Springtown Alkali Sink

3.1 Major areas of disturbance and subdivisions on and
near the Springtown Alkali Sink

3.2 The Springtown Alkali Sink in 1957

3.3 The Springtown Alkali Sink in 1976

3.4 The Springtown Alkali Sink in 1980

3.5 The Springtown Alkall Sink in 1986

4.0 Soils of the Springtown Alkali Sink

6.1 Major subbasins contributing runoff to the SpringtownAlkali Sink

6.2 Existing and naturaldrainage network of the Springtown Alkali Sink

6.3 Estimated flood frequency for Altamount Creek

7.0 Generalized Vegetation Map of the Springtown AlkaliSink

7.1 Distribution of _ Dalmatu_ at the SpringtownAlkali Sink

7.2 Habitat map- Garaventa site (from Zander, 1982)

7.3 Habitat map - Barnett-Range site (from Zander, 1982)

7.4 Habitat map - Anden site (from Zander, 1982)

8.0 Daily pattern of xylem water potential for two
annual species at Springtown Alkali Sink, 1987-88

8.1 Daily and seasonal pattern of xylem water potential of the perennial Frankeni_ arandifoli_ at Springtown
Alkali Sink, 1987-88

8.2 Daily and seasonal pattern of xylem water potential of the perennial Allenrolfea _ at Springtown
Alkali Sink, 1987-88
iii

EXHIBIT A

148

9.20 Surface elevation along transect 1

9.21 Surface elevation along transect 2

9.22 Vegetation distribution along transects 1 and 2

9.23 Soil chemical properties along transect 1

9.24 Soil chemical properties along transect 2

10.0 Allowable use intensity zones for the Springtown
Alkali Sink and its environs

11.0 Location of sites recommended for intensive monitoring of Cordvlanth_8 pa_matu_

11.1 An example of data from demographic monitoring of
Cordvlanthus palmatus at Springtown, 1988
AI.0 Flower detail of _ mollis ssp. hismldus
and Co_dy_anth_s palmatus
A4.0 Design for mapping a subpopulation of
Dalmatus
A4.1 Design for demographic monitoring of
Dalmatus

LIST OF TABLES

3.1 Timing of major disturbances to the Springtown
Alkali Sink

5.0 Mean monthly precipitation and pan evaporation
at sites near Springtown

7.0 History of recorded _ field observations at
Springtown Alkali Sink

8.0 Comparison of xylem water potentials (MPa) of plants from Springtown wetlands, July 1987.

8.1 Effect of surficial watering on the water potential of walmatus at the Springtown site, July
1987.

A4.0 Estimated n-mher of person-hours for tasks specified in the monitoring program for Cordvlanthus palmatus
A4.1 Summary of person-hours for a monitoring program for Cordvlanthus palmatus
iv

EXHIBIT A
149
t ACKNOWLEDGEMENTs
We thank Susan Cochrane, Ann Howald and Monty Knudsen of the U.S. Fish and Wildlife Service, Paul Kelly with the California Department of Fish and Game, and Joy Zedler of San Diego State University for their support and helpful suggestions. Special thanks are due Jim Bertenshaw and Paul Zinke of the University of California Department of Forestry and Resource Management for chemical analysis of soils from the Springtown Alkali Sink. v

EXHIBIT A

150

EXECUTIVE SUMMARY
The Springtown Alkali Sink on the northeast side of the Livermore Valley in Alameda County is a complex mosaic of vernal pools, mounds, and alkali "scalds," supporting a significant remnant of alkali sink scrub vegetation. This vegetation type, which formerly covered extensive areas of the Sacramento and San Joaquin valleys, has been largely destroyed by agricultural and urban development. At Springtown, the alkali sink scrub community includes the largest of the four remaining populations of the palmate-bracted bird's-beak (_ malmatus). This
hemiparasitic annual plant is on both the State and Federal lists of Endangered Species. Seasonally, the wetlands support migrating shorebirds and waterfowl. A variety of hawks, eagles, and falcons use the area year-round. Recently, parts of the Springtown Alkali Sink have been destroyed directly by
subdivisions, disturbed by off-road vehicles, discing, scraping, or hydrologically altered by developments off-site. The long- term survival of Cordvlanth_s Dalmatus depends on the careful management of the existing habltat and restoration of the remaining areas of alkali sink at Springtown.

The Springtown Alkali Sink formed on the gently sloping alluvial valley floor, where a fault has occluded groundwater movement and altered the course of Altamont Creek. Erosion of the marine shale and sandstone that comprise the Altamont uplands northeast of the Sink has contributed both fine-grained sediment and dissolved salt, especially sodium chloride, to the sink.

Mean annual potential evaporation is about 57 inches, far greater than the mean annual precipitation of only 14 inches. Runoff from the Altamont uplands reaches the Sink either as surface flow during intense storms or as relatively shallow groundwater flow.

The water table in the lower portions of the Sink is within 2-4 ft. of the soil surface even in dry years, allowing upward movement of water and salts by capillary action.

Two saline-sodic soils occur in the Alkali Sink. These are the Solano Fine Sandy Loam and the Pescadero Clay. Both are characterized by a moderately acid surface horizon (pH of 5 to 6) and a sodium-rich clayey subsoil with poor structure. The structure of the subsoil reduces the internal drainage of the soil, contributing to ponding of water on the soil surface during the winter, and further enhancing the accumulation of soluble salts.

The soils of the Alkali Sink are characterized by a
distinctive microtopography of mounds and swales. The origin of this microtopography is unclear, but it is responsible for much of the vegetative and hydrologic diversity of the site.

The local variation in soil chemistry and hydrology in the Alkali Sink associated with the mound topography has led to the development of a complex mosaicof alkali sink scrub vegetation 1 EXHIBIT A

151
and annual grassland. The alkali sink scrub may be subdivided into two subtypes: iodine bush scrub and alkali grassland. The iodine bush subtype occurs along the braided channels of the alkali sink. The alkali grassland subtype also occurs in the channels, although it is not restricted to them.

In some swales, the accumulation of salt and high levels of sodium in the soil has led to the development of "alkali scalds.,, Conditions in the scalds are so harsh that only a few isolated individuals of salt-tolerant plants occur in them. Where drainage and soil chemical conditions are somewhat better, alkali scalds grade into alkali grassland and, in best-drained areas, annual grassland. Where water accumulates in pools but Salt concentrations are somewhat lower, a rich vernal pool biota maybe found. p_imatus occurs primarily along the braided
drainage channels on the sides of the swales in the iodine bush subtype, often at the boundary between the iodine bush subtype and the annual grassland. It also occurs to a lesser extent in alkali scalds, where soil conditions are more extreme. It never occurs on mound tops in the annual grassland.

The distribution of Cordvlanthus on the sides of swales may result from: 1) seed dispersal by flowing water; 2) dilution of soil salt concentrations by surface water; and 3) segregation of plants along gradients of soil chemistry and availablesoil moisture. Measurement of stem water potentials in Cordvlanth_at the Springtown site showed that in July, the predawn water potential of _ was comparable to that of plants in a
well-tended garden. Stem water potential measurements of plants associated with_ suggested that salt grass may be the
host plant, but the results were somewhat inconclusive.

Land-use impacts have destroyed or severely altered much of the Springtown Alkali Sink. Cattle have grazed there for many years, reducing the vigor of iodine bush and probably favoring introduced annual grasses over perennials. In the early 1970s, subdivisions were built in and around the Alkali Sink. Some areas not directly destroyed were hydrologically altered.

Ephemeral drainages were diverted to storm drains and routed directly to Altamont Creek, thus reducing overland flow to the Sink. To provide flood protection for newly constructed homes, Altamont Creek was deepened and straightened in some reaches, further reducing the flooding on the valley floor. Where ephemeral streams were diverted around a subdivision, gully erosion was initiated, threatening to further lower the shallow i groundwater level.

Subdivisions in the Sink have brought with them another problem: off-road vehicles. Motorcycles and all-terrain vehicles have caused considerable damage where the mound-swale topography is best developed. In some areas, vegetation has been completely eliminated and the soils compacted to the extent that substantial efforts will be necessary to restore the habitat.
9I
J

EXHIBIT A

152
+I Some parts of the Alkali Sink (including areas supporting Co d___) were disced in 1983, resulting in the issuance of • two cease-and-desist orders by the U.S. Army Corps of Engineers. still occurs on some of the disced area, but not to
its previous extent.

The northern portion of the Springtown Alkali Sink is owned by the City of Livermore, which intends to develop the area for public use. Development of privately owned parcels has been held in abeyance pending resolution of issues regarding protection of the wetlands and the endangered plant. The City and the U.S.

Army Corps of Engineers would be the lead and permitting agencies for proposed land-use changes on these lands. California Environmental Quality Act andNational Environmental Protection Act documents would be required. The presence of wetlands and endangered species on-site would trigger a n,mbsr of applicable State and Federal laws, regulations, and policies administered by several agencies.

Under the Fish and Wildlife Coordination Act and the Federal Endangered Species Act, the U.S. Fish and Wildlife Service and the California Department of Fish and Game would advise the Corps during their consideration of permit applications. The
recommendations developed in this study represent the measures necessary to comply with theapplicable laws, regulations, and agency policies to ensure the continued survival of these resources,
We have subdivided the Alkali Sink and its watershed into i land use intensity zones. Zone A is the Alkali Sink, wetlands,• and potential habitat for _ Dalmatus. No further development should occur in this zone, and an active protection and management program should be implemented. Zone B is a buffer I zone around Zone A; no subdivisions or new roads should intrude • on this zone, but open space uses (such as a ballpark or picnic area) should cause no problem if properly designed to assure I compatibility with maintenance of the adjoining wetlands. Zone Cis the watershed of the Alkali Sink. Any development in Zone C should be carefully designed to prevent indirect impacts to the I wetlands.

Maintaining the alkali sink for its hydrologic and
ecological values, however, will require more than simply I acquiring and fencing the site. It will require long-term management actions including: I) exclusion of future development from the Alkali Sink and wetlands; 2) careful design of future developments within the surrounding watershed to prevent hydrologic impacts to the alkali sink and wetland habitat; 3) public education and enforcement to prevent further ORV intrusion; 4) hydrologic restoration to repair gully erosion and enhance overland flow; 5) removal or reduction of grazing; 6) experimental controlled burning; 7) long-term monitoring of vegetation and hydrology; and 8) establishment of new populations 3 EXHIBIT A

153
of _ D_lmatus on suitable habitat at other sites, with
appropriate protection, monitoring, and management.

The presence of _ Dalmatus and its unique alkali
sink habitat at Springtown offers substantial opportunities for educational and interpretive programs, scientific research, and some kinds of outdoor recreation. With proper planning and maintenance, the alkali sink ecosystem can become a valuable asset to the Livermore community, while preserving important wildlife habitat and the finest remaining example of one of California's rarest and most endangered plants.

EXHIBIT A

154

MANAGEMENT PLAN FOR THE SPRINGTOWN ALKALI SINK

AND THE ENDANGERED PLANT CORDYLANTHUS PALMATUS

1.0 The Springtown Alkali Sink is a unique seasonal wetland of considerable ecological significance. It is located in Eastern Alameda County, about 3.5 miles northeast of downtown Livermore (see Fig. 1.0). Parts of the alkali sink were developed in recent decades for residential subdivisions and a golf course, or disturbed by off-road vehicles or earth-moving equipment. Much of the remaining alkali sink areas are proposed for future development. In 1982, an endangered plant - _9_
Dalmatus (palmate-bracted bird's beak) - was discovered on the site. The presence of this State - and Federally-listed endangered plant and the designation of parts of the area as wetlands have placed constraints on future development of thearea.

The bird's-beak genus, _, is indigenous to
western North America, and is represented by approximately thirty-two species. It is related to Indian paintbrush
(Castille_a) and to owl's clover (_).

Dalmatus (Ferris) MaoBride, also known as palmate-bracted bird's- beak or Ferris' birdBs-beak, belongs to a morphologically and ecologically distinct group of species in the subgenus
_. All species within the subgenus occur in saline andalkaline habitats. _Dalmatus is a low, highly branched herbaceous
annual, 10-30 cm. high. The leaves are gray-green, hairy, and lie close to the stem. The plant has glands that enable it to secrete salt, and mature plants are often entrusted with salt crystals. All members of the genus _ are
hemiparasitio, that is, able to parasitize the roots of other plants. For a more detailed description of the plant, see Appendix I. _ Dalmatus was added to the Federal list
of endangered species in 1983 and the state list of endangered I plants in 1984.

The historic range of _ Dalmatu_ included at
least ten scattered locations in the San Joaquin and Sacramento Valleys, in Fresno, Madera, San Joaquin, Yolo, and Colusa Counties. It now occurs in only four populations within the i historic range: in Colusa, Yolo, Alameda, and Fresno Counties.The Alameda County site, at Springtown, is by far the most important Of these due to its large size and relatively high habitat quality.
1 This study was undertaken in order to: i) determine the extent of the existing population of _ on the site; 2)
I determine the environmental factors that are critical to the 5 )

EXHIBIT A
155

EXHIBIT A

156
1 long-term viability of the alkali sink ecosystem and theendangered plant population; 3) identify habitat that must be preserved to ensure the survivial of the remaining
i population; and 4) develop management recommendations for thealkali sink ecosystem. The specific steps involved in this study are: 1) mapping the distribution of _ on the site, at
a scale of 1:2400; 2) analyzing the statewide significance of the I Springtown Alkali Sink; 3) characterizing the soils, hydrology,and land-use history of the site; 4) characterizing the physiological ecology of _ malmatus and relating its
ecological requirements to the environment of the site; and 5)developing a management plan that specifies allowable use intensity zones and a monitoring program for the site.

Although concern for one endangered plant provided the
impetus for this study, the Springtown Alkali Sink is more than a habitat for _. Rather, it is a complex mosaic that
includes streams, vernal pools, alkali "scalds," and annual grasslands with a unique assemblage of plants and animals. The proper approach to protecting _ on the site is to
maintain a viable alkali sink wetland ecosystem.
1_i The Importance o_ Wetla_@m
i.ii The Sianificance of Wetland Preservation
The preservation of wetlands and the biological diversitythey support has become a national conservation priority, a cause recognized by leaders from all parts of the political spectrum.

This high priority was necessary because: 1) wetland ecosystems are of great value to human and non-human species; and 2) wetland ecosystems are highly endangered by many types of human activity, including urban development, pollution, and water diversion. An inability to perceive the former has leddirectly to the latter, producing an urgent need for decisive action. The Emergency Wetlands Resources Act, signed into law by President Reagan in November1987, and the reauthorization of the Clean Water Act by Congress in 1988, recognized the urgency of the problem. Other Federal and State laws and regulations address the protection of our nation's wetlands, but where there is absence of awareness and support by local governments and planning agencies, the successful application of those laws has not always accomplished the goal of long-term preservation of intact, healthy ecosystems.

That success comes f&rst from the recognition of the endangered status and great value of wetlands, and second, from the willingness of local governments to plan for and implement measures within the scope of their Jurisdiction and authority.

1.12 The Endanaered Status of Wetlands
The U.S. Fish and Wildlife Service (1970, 1979) estimates that wild America was once covered by vast tracts of wetlands, from Maine to Florida, throughout the Mississippi Valley and the prairie states, across the Great Basin and along the Pacific 6 EXHIBIT A

157
Coast. It is estimated that 127 million acres existed prior to 1800, with 108 million acres persisting until the 1950's.

Drainage and development began to accelerate at that time, with rates of wetland loss somewhere between 200,000 to 300,000 acres per year. At present, approximately 84 million acres remain, or about 66% of the original natural wetlands (U.S.F.W.S., 1970, 1979). Another estimate by the Environmental Protection Agency, based on different criteria for defining wetlands, suggests that only 47% of the nation's wetlands have survived.

The situation in California, however, is even more serious.

Prior to 1900, there existed 4 to 5 million acres of wetlands in the state. Those wetlands comprised many different eoosystem types - coastal salt marshes, freshwater marshes, seasonal wetlands, and riparian forests, among others. Water development by the U.S. Bureau of Reclamation, including the diversion of Sierran flows and drainage of lowland basins, reduced the wetlands to 1.2 million acres by 1922. Wetlands have been replaced by the conversion to agricultural uses, especially in the San Joaquin Valley. Recent estimates indicate that only 450,000 acres remain, about 10% of the original pristine wetlands (U.S.F.W.S. 1979, Dennis 1984)% But those that remain can hardly be considered pristine. About 62% of the state's coastal wetlands have been subjected to "severe damage," according to the California Coastal Zone Conservation Commission (Zentner 1982).

Wetlands in California are not only scarce - they are also in poor condition.

Much of the loss of Calif0rnia wetlands has occurred along the coast, especially in and around the major bays and estuaries (e.g., Humboldt Bay, San Francisco Bay, San Diego Bay - see MacDonald 1977). Interior seasonal wetland communities, such as Valley Sink scrub community at the Springtown Alkali Sink, have also been drastically reduced. The National Natural Landmark Evaluation, conducted by California Department of Fish and Game's Natural Diversity Data Base, estimated that Valley Sink Scrub has been reduced by more than 80% since Spanish settlement (Bittman 1985). Accelerated agricultural development over the last 20 years has left only scattered remnants throughout its original, historical range. Like other types of wetland plant communities, Valley Sink scrub is considered among the most endangered communities in California by the Department of Fish and Game (Holland 1986).

1.13 Values of Wetlands l
The biological, economic, and cultural value of the nation's remaining wetlands is widely recognized. Detailed discussions of these values are provided by Jahn (1979), Brown (1979), and Zentner (1982).
• Wetlands are among the most productive ecosystems on earth.

The plant life of these areas is often capable of high rates and prolonged periods of photosynthesis, depending on the genetic and environmental constraints within a particular wetland. In some ,

EXHIBIT A

158
situations, production is achieved despite stressful
environmental conditions. At the Springtown Alkali Sink, for example, the dominant plant species are able to photosynthesize, grow, and reproduce in the presence of high soil salinity. Salt tolerance is a poorly understood attribute of many wetland plants that allows the colonization of great tracts of land that would otherwise be biologically sterile. There are hundreds, perhaps thousands, of plant species in North American wetlands, some rare and endangered, others abundant and widespread, but all dependent upon the specific conditions of these transitional ecosystems.

Plant productivity is translated into animal productivity by grazing, seed predation, and the consumption of detritus. The availability of energy compounds and mineral nutrients attract a great abundance and diversity of animal species, both rare and common, as part of an intricate food web. Humans are part of that food web, as we harvest large quantities of shellfish, fish, and waterfowl that feed on other components of the wetland ecosystem.

Wetlands are sanctuaries to many commercially-important species of wildlife. Coastal wetlands provide habitat for some harvested fish and shellfish. Both coastal and interior wetlands, regardless of their seasonal nature, provide migrating waterfowl with "rest stops" and "fast food" along the Pacific Flyway. Nearly I00,000 acres of modified Alkali Sink wetlands in the Central Valley are managed by the state or federal
governments for waterfowl preservation and sport hunting. _ Scientific studies of salt-tolerant wetland plants are providing insights into our own technological problems associated with the salinization of agricultural lands. Salts accumulation in soils resulting from poor irrigation practices have damaged valuable • farmland and crops in many interior areas of California and the nation as a whole. The genetic capabilities of salt-tolerant plants are being studied and developed for implantation into less tolerant, commercially important crop plants.

The unique conditions found in wetlands are important
elements in the maintenance and purity of water supplies. _ Groundwater recharge, water purification, and flood protection can be of great economic value, especially in an enclosed basin like the modern Livermore Valley.

Wetlands have educational, recreational, and aesthetic
values that are closely linked to the quality of their biological resources. If wetland ecosystems are allowed to function in a natural fashion, plant and animal species diversity will be high and so will levels of human interest and concern. The Springtown Alkali Sink, if properly managed, could provide many of these benefits and cultural dividends to local schools, hikers, historians, naturalists, and lovers of open space.
8 EXHIBIT A

159

1.2 Leaal and Political Fra_ewo_
The Springtown Alkali Sink wetland ecosystem was first
officially recognized in a Draft Environmental Impact Reportprepared for the City of Livermore in 1982. The DEIR was prompted by objections received from the California Department of Fish and Game to a Negative Declaration that was circulated by the City for a proposal to cancel a Williamson Act agreement for an 8S-acre parcel known as the Garaventa property. During the preparation of the document, _ nalmatus, a federal
candidate species at that time, was reported to occur on thesite, on City land to the north and the adjoining Shean property (Barnett Range). Shortly thereafter, the plant was listed by the • U.S. Department of the Interior and the California Fish and Game an Endangered species. In 1983, the San FranciscoCommission as District of the U.S. Army Corps of Engineers asserted
jurisdiction over the wetlands in the Springtown area.

During this time, intense development pressure in the
Springtown area, paralleling that throughout the Livermore • Valley, placed the future of the wetlands in doubt. In 1983, theCorps issued a permit to fill 4 acres of wetlands, including malmat_ habitat, south of Arroyo Las Positas, for a
residential development. A condition of that permit was a I requirement to construct a pond at the northeast corner of thehousing development in an attempt to compensate for wetlands values that were eliminated elsewhere on the property. That effort failed, and thus far there is no precedent for recreatingalkali sink wetlands. Since 1983, no further development in those wetlands has occurred. Portions of the wetlands on the private and public properties have been disturbed intermittently, I discing, bulldozing, scraping and burning ofhowever, by grazing, vegetation, and by off-road vehicle activity. The Corps issued two Cease-and-Desist Orders in 1983 when such unauthorized i activities were detected.

In the last few years, the City and the Corps have received proposals from the Kaufman and Broad Company and the Anden Group to construct housing in the wetlands. The City and the Corps have delayed consideration of these proposals pending the completion of this document. The U.S. Fish and Wildlife Service and the California Department of Fish and theGame, recognizing problems associated with piecemeal planning in this area and the continuing threat to these natural resources, have developed comprehensive recommendations for the Springtown area, which are presented in Section I0. These coordinated recommendations reflect these agencies' policies and responsibilities and various i applicable laws and regulations.

Any proposed land-use changes which would affect the
wetlands in the Springtown area would be subject to a number of I laws and regulations administered by various agencies. The•primary permitting agencies for a proposed project would be the City of Livermore and the U.S. Army Corps of Engineers. However, i because wetlands and endangered species are involved, several I 9

EXHIBIT A
160
other federal, state, and local agencies would alsoserve as commenting, review, or advisory agencies. The agencies involved and a summary of their regulatory or statutory authorities and policies may be found in Appendix VII.

1.3 The U.S. Army CorDs of Enaineers Wetlands Jurisdict_o n a%SDrinatown under Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers regulates the fill or disposal of material in wetlands. A wetland, under the Ccrps's definition, meets test criteria for vegetation, soils, and hydrology (U.S. Army Corps of Engineers, 1988). On three occasions, Corps personnel have made wetland determinations at the Springtown Alkali Sink. Fig. i.ishows the approximate boundaries of the areas designated as wetlands. Within these areas are complex inclusions of non- wetlands that cannot be accurately represented at the map scale.More detailed maps from the Corps's Jurisdictional determinations of 1987 and 1988 will be furnished by the Corps's district office in San Francisco on request.

J
l
J
1 J
i0
I

EXHIBIT A

161
"- m
Wetland Areas on Portions oftheSpdngtown FIGURE
P_ulpwt,l==,• _,odot,, A_kaJi Sink as Determinedbyme U.S.Army 1.1 Consul=an,sinHydrol_Jy C_r_s of Engineers

EXHIBIT A
162
-I 2.0 State-wide Status o_ Co_dy_anthus p_Imatus
¢or_ylanth_s p_imatu_ has been extirpated from much of its former range as a result of habitat loss due to agricultural conversion, changes in historic hydrologic regime, intensive livestock grazing, and urban expansion and industrial
development.

Agricultural development in the Central Valley, including livestock grazing, began with European settlement, and proceeded apace of groundwater utilization. Prior to the advent of agriculture, the Central Valley experiencedseasonal spring and winter flooding to varying degrees. The water table was very close to the surface due to subsurface clay layers, and was within the rooting zone of most plants, thus providing plants with water through the summer. Reclamation projects, stream diversions, and flood control practices facilitated the expansion of agriculture into "marginal" saline-alkaline lands, resultingin the direct loss of native vegetation. Groundwater pumping has lowered the water table beyond the effective rooting depth of i many plants, and flood control has stopped or minimized overlandflows in most areas (Bittman, 1983; Warner & Hendrix, 1985; USFWS, 1986; CDF&G, no date). Overland flows appear to be important in the maintenance of _ Dalmatus habitat.

Overland freshwater flows dilute salts in the saline-alkalinesoils, and may enable seeds to germinate and seedlings to become established. Overland flows may also transport Cordvlanthus seed, and partially influence the seasonal distribution ofindividual plants.

Competition from non-native weeds, introduced through
grazing practics and agricultural development, also has negatively affected Cordvlanthus p_mat_. Cordvlanthus Dalmatus does not appear to compete well with annual grasses on
circumneutral soils that are low in soluble salts. It grows in open areas, e.g., in alkali scalds, with little vegetative cover, and is not associated with areas of dense weedy species.

The increase in human populations near metropolitan centers has resulted in rapid urban expansion onto lands once under agriculture, as well as previously undeveloped sites. Industrial expansion has also paralleled urbanization. Although historic saline-alkaline habitats can sometimes recover partially following cessation of agriculture, urbanization creates irreversible changes in land use and hydrology.

Four disJunct populations of Cordv_anthus nalmatus in the Central Valley of California are extant: Colusa National Wildlife Refuge, Colusa County; southeast of the City of Woodland, adjacent to Willow Slough, Yolo County; Mendota Wildlife Management Area, Fresno County and the Springtown site near Livermore in Alameda County (see Figure 2.0). The total area encompassed by populations of g_qr_ Dalmatus at these sites is approximately 400 acres.
i ii

EXHIBIT A

163
• • Known populations
I _ _F _ Extirpated populations
1 , _---_ _ Historic record or
I \ T- 2_-_ specios cot seendurln8
____ __ _ooon_ _o_ _u_v_y_
W
I
I
I •
FIGURE
_,=p _ a A.,,,_== State-wideDistribution ofCordylanthus palmatus 2.0Consultants inHycimlo_

EXHIBIT A

164

2.1 Colusa County
I The Colusa County site is in the Colusa National WildlifeRefuge and is bordered by irrigation ditches and an earthen levee containing a freshwater marsh that is managed for waterfowl. At this site, Cordvlanthus pa_matqs occurs on strongly alkaline Willows clay in a shallow saline-alkaline depression that is seasonally inundated. The majority of plants are found among a relatively sparse cover of seepweed (Suaeda _) and alkali heath (Frankenia _ ssp. _). A slightly deeper
depression consisting of hard, cracked clay soil is found in the center of the Colusa population. Soils in this central area are highly expansive and support only alkali weed (Cress_
t__ vat. vallicolal. Few _ plants occur on
this clay depression, and those that do are growing along its margin (Stone 1987). In addition to seepweed, alkali heath, and alkali weed, associate species at this site include silver saltbush (Atrimlex araente_ ssp. exDansa), salt grass (Distichlis splcata), bassia (Bassi_ _), spurry (Smerau_ a
i boccone_), Bigelow's plantain (Plantaqo biaelovii), and'Mediterranean barley (Hordeum _).

The site has been fenced by the refuge manager to restrict vehicle access and reduce the potential of trampling; however, it could be flooded easily if a levee breaks. Due to the site configuration, expansion of this population is not possible (Monty Knudsen, U.S.F.W.S., personal communication). In a 1987 census, approximately 500 individual plants were counted; these occurred as individuals and as small groups (Stone 1987).

2.2 Yolo County
The population southeast of the City of Woodland occurs on city land adjacent to the City's wastewater treatment facility ponds. Surrounding acreage has been converted primarily to agriculture or light industrial uses. 9__malmatus
occurs primarily on the banks and sides of raised irrigation ditches and on small berms in relatively open areas s_ject to overland flows. The berms are remnants of "checks" installed for rice cultivation. Cordvlanthq_ Dalmatus is associated primarily with seepweed, alkali heath, spikeweed (_ munaens),
pickleweed (_e__l_), and salt grass at the
Woodland site. "Check" berm sites occupied by Cordvlanthus also support a diverse early spring flora characterized by Bigelow's plantain, popcorn flower (_ stimitatqs), goldfields
(_ _), milkvetch (_ tenet), spurry
(Smeraulari_ macrothe_ vat. _), and pepperweed (Lemidium oxvcarmum; L. latimes). Downingia (_ bella) occurs in
areas remaining inundated for a longer time than the berms. i Native grasses include Nuttall's alkali grass (__), California alkali grass (PuccinelA_ simplex), and hair grass (_ _). The two species of
l alkali grass are not common on the site, possibly due to J
12I

EXHIBIT A

165
competition from non-native grasses. Mediterranean barley is the dominant non-native grass at the Woodland site. Few individuals of Co__ occur in the dense stands of non-native grassesfound at the site.

The ¥o10 County population extended previously to the north, under what are now sewage ponds, as well as south of the city- owned land. The portion of the population south of city property was disced by the landowner in 1988; it is not known if Cord_ will recolonize the area. The Woodland site is
managed under a Register of Natural Areas Agreement between The Nature Conservancy and the City of Woodland. However, the area is currently being studied as a possible site for a police/public shooting range. Construction of such a facility at this site would require high berms, resulting in the importation of non- native soils. The facility could also disrupt the existing hydrologic regime. During a 1986 survey, approximately 800 individuals were counted; in 1987, the population totaled about 400 plants; and, in 1988, about 1400 plants were counted. In previous years, the population has comprised about 200 plants (Crampton, 1974; Showers, 1983, 1984, 1985, 1986, 1987, 1988; York and Showers, 1982).

2.3 Fresno County
The third extant site, discovered in 1986, is adjacent to the Alkali Sink Ecological Reserve at the Mendota Wildlife Management Area, operated by the California Department of Fish and Game (Taylor, 1986).

The existing Mendota population consisted of about 800
plants in 1987 (Showers and Knudsen, 1987), but only 40 individuals in 1988 (Stebbins, 1988). The decrease may be due to two consecutive dry years. The plants were found above a small drainage ditch along the edge of a road through the ecological reserve. Cordvlanthus Dalmatu_ is associated at t_is site with alkali sink species: iodine bush (Allenrolfea _),
pickleweed, alkali heath, kochia (Kochia _), species of saltbush (AtriDlex cordulata; Atrimlex vallicola; AtriDlex _; Atrimlex _), and Aste_ _.

Alkali sacaton (_ airiodes), which occurs within the
reserve boundaries, does not occur along the roadside. The population also extends into the Alkali Sink Ecological Reserve where plants are scattered among "shrub islands" following an ephemeral drainage feature. The drainage feature is visible mainly as a dark organic film with rills. Within the ecological reserve, _ is associated with seepweed and kochia.

This population is vulnerable to road grading and herbicide use.

The road also impedes the natural drainage in the area.

A small colony was established at the Mendota Wildlife
Management Area in the 1970s from ten transplanted seedlings.

These seedlings were grown from seed collected from a population located approximately seven miles from Mendota, which
13 EXHIBIT A

166
kI
subsequently disappeared. During a 1987 survey, no individualswere observed at the transplant population site, which currently supports a dense growth of creeping wild-rye (Elvmus
_), indicating a change in hydrologic regime and/or
• soil salinity.

I 2.4 KIn M_ mm
The Springtown site constitutes the largest popuiation of _, with I0,000-ii,000 individuals. Previous surveys
by Zander (1982), Cochrane (1983), Reynolds, Kelly, and Knudsen (1983), Jokerst (1986), and Dains (1986) noted plant distribution but did not record the number of individuals at the site. The I plants occur in a relatively natural basin receiving overland flow, and in association with a remnant of native valley sink scrub vegetation. The site comprises an iodine bush - alkali grassland subtype of the valley sink scrub vegetation type, with annual introduced grassland. Annual and alkali grassland, with alkali scalds, predominate in the northwestern and southwestern portions of the site. An extensive network of braided channels I in the eastern portion of the site.is found
Of the four extant sites, Springtown site offers the best E possibility for maintaining a population of _ Dalmatusover the long term. Details on the environment and ecology of malmatus at the Springtown site are discussed in
Chapters 3 through 9.

J
t
l
J
f
j 14

EXHIBIT A

167

3.0 Land Ownership and Land-Use _st0_ 7
Figure 3.0 shows the major property ownerships on the
Springtown Alkali sink. It is likely that different landowners have different objectives for their property. To some extent, the different landowner objectives are reflected in different land-use histories and intensity.

Virtually the entire site was grazed extensively for many years. Grazing was recently terminated on the Garaventa parcel and on the Anden/Shean parcel. The City of Livermore property is still grazed. Sometime before 1957, a landfill was created along the northern edge of the city property along Raymond Road (Fig.

3.1) and operated until 1962. The Anden/Shean property was disced in 1983 and parts of the Garaventa property were bulldozed in the mid-1970's and in 1983. A fire-break is scraped annually around the Garaventa property, and sometimes across it. Offroad vehicle damage to the western half of the Garaventa property probably began in the mid-1970's, and continues today. Fig. 3.1 shows the major areas of disturbance and subdivisions in the study area, and Table 3.1 shows the timing of disturbance and subdivisions (dates supplied by Susan Frost, city of Livermore, and Monty Knudsen, U.S. Fish and Wildlife Service). Figures 3.2,

3.3, 3.4. and 3.5 show the alkali sink in 1957, 1976, 1980, and 1986, respectively.
15 EXHIBIT A

168

I IFIGURE
_,upllr_B_._._,,,,. i MajorProperb/Ownerships ontheSpringtown 3.0i Consultants In Hyd_'ology Alkali Sink

EXHIBIT A
169
I _ L "--
• . ._i,, o._- II \
/'-- .- -" Close{Y'1962 ,.. '_
• f dumpthg of grass _ mnm_•
• ._I--' :'21'.?:_'_'- :-'-_-"_-_
Z /) _ / -) r
<= _ 7,;, "_._-"" _ I L
-/ /Temporary Construction Road-- "''"J I _'T 2619O,I /Built foI T3032. ,'- • ,__ ,,_1 / CIosedlast yeardun to '-,. l / 8-75
-¢" problems with dumping Bike Path-- ¢ompl. -8-75 JHARTFORD / P • - , , [ ! I AVF..._'- i , _ :- _. _ :--..z_--_ .T3032 J • "" t" ._,' __ ]. i - --",L ..'"" _ ,,,'O's |_'--1
| I= " =_ " "=_°=* _ J_;=Z.-_'J/ .=.,rF..; --.--,-- _1,7_I_ = "r.. :d" / !lB'zl1. It. _ ,.--_.lr"l H.,_ C_V.,.. L I.,r_-mi_'_ /_ ,.,.,o,.,,,,., L'-- La'I' • / T4101L • _ i
B , ,- I L; , '
11 ..>/ tit _xc,._._-'<" ,_ M\ ,"--_c"- If
FIGURE
w,,m_,w.p... ,,. ,,.,,,_l.=.. MajorAreas of Disturbanceand Subdivisions 3,1Consultanls_nHydrology On and Near the SpringtownAlkaliSink

EXHIBIT A
170
I Table 3.1zDates of Major Modifications
at the 8pringtown Alkali Sink
Parcel Action Date*
T2619 Subdivision 8/75
T2459 Subdivision 8/71
T4174 Subdivision 8/81
T4049 Subdivision 9/79
T3032 Subdivision 8/72
T2923 Subdivision 11/68
Andsn/Shean Discing 1983
and filling**
Bike Path _Construction 1975
Altamont Creek ' Relocation 1968
Altamont Creek Widening 1985
City Dump Closure 1982
Hartford Avenue Extension Construction Approx. 1972
Garaventa Bulldozing 1982-83
and Wind-
rowing of
Iodine
Bush**
Garaventa and Kaufman- Scraping of 1980
Broad FireBreaks
Garaventa and Kaufman- ORV Disturb- Mid-1970's to
Broad anoe 1980's
* Subdivision dates represent final map approval_ construction is somewhat later.
** The Corps of Engineers issued cease-and-desist orders for theseactivities.

EXHIBIT A

171
Fig.3.2 May 22, 1957. Large "+" at upper right is the N.W. corner of Sec. 34, T2SR2E MDM. Small "+"'s are 1/4corners. Scale is 1: 12,000.

Fig. 3.3 May 26, 1976. Note channelizatienand straightening of AItamont Creek, and interception and diversion ofephemeral channels.

EXHIBIT A

172
1 I
]
I
I Fig. 3.4' April 30, 1980. Note damage from ORV tracks and fire breaks. 1 /
I
Fig. 3.5 April 23, 1986. Note new subdivisions and increased damage from ORV tracks, fire breaks and maintenance road along the channel bank.

EXHIBIT A

173

4.0 GeomorDholoav and So_S
The Springtown Alkali Sink is located in the northern part of the Livermore Valley on a gently sloping lowland flanked ontwo sides by uplands. To the northeast lie the Altamcnt uplands, comprising marine shale and sandstone. Groundwater and springs originating in these sedimentary rocks are high in soluble salts, especially sodium chloride. These uplands are probably the source of the salt that has accumulated in the alkali sink. To the southeast lies a range of low hills underlain by the Livermore Gravels (Herd, 1977). The hills on the northeast side of the valley are flanked by alluvial fans formed where streams emerge from their canyons in the hills onto the flat valley floor. The alluvial fans have built outward from the mouths of the canyons, so that they coalesce along the front of the hills.

The valley floor in and around the alkali sink is composed primarily of two units of unconsolidated sediments. These materials were mapped by Herd (1977) as "older alluvium" (Pleistocene) and "recent floodplain alluvium" (Holocene). They seem to correspond to the "basin sediments" and "quaternary alluvium," respectively, mapped by the California Department of Water Resources (1974), The basin sediments are fine-grained silts and clays which occur in flat-lying areas. They appear to be derived from materials transported by streams from the hillsto the north and northeast and deposited on the valley floor.

They are poorly drained and impermeable. The alluvium is coarser-grained than the basin sediments and occurs in gently sloping terrain and adjacent to stream channels. The alluvium consists of clay, silt, sand, and gravel units. In some areas, it is well-dralned and permeable; in other areas, it has I a poorly drained saline sodic soil.weathered to form
The Livermcre Valley is traversed by six major faults which trend northwest-southeast and divide the valley into a number of fault-bounded slices. A fault segment passes to the southeast of the sink, trending northwest to southeast. This segment was mapped by the Department of Water Resources (1974) as part of the recently-active left-lateral Tesla fault. Herd (1977) indicates it as a strike-slip fault, with the north-east side down-thrown.

The fault trace itself is buried by alluvium, and its presence is inferred from the geomorphic evidence. Whatever its relationship to the other fault systems in the Livermore Valley, this fault appears to have affected the hydrology of the Springtown Alkali Sink in two ways.

First, movement on the fault has juxtaposed recent alluvium and basin sediments against the Livermore Gravels, and created an impediment to the movement of groundwater. Shallow groundwater tends to pond on the upslope (northeast) side of the fault. Such ponding of groundwater may cause a locally elevated water table which produces surface discharge of groundwater as springs where the water table intersects the ground surface.
16 EXHIBIT A

174
Secondly, the fault appears to act as a control of the levelof the natural channel of Altamont Creek just southwest of the sink. The topographic map of the areas shows a broad basin (in which the sink is located) draining into a narrow outlet through the hills. The northeast front of the hills follows the trace of the fault. A possible effect of the fault on the course of Altamont Creek is appanent on a topographic map; the stream course is off-set toward the southeast where it cuts through the hills just south of Highway 580. Disruption of the drainage has apparently caused ponding of surface and groundwater and deposition of alluvium on the north side of the fault.

The Soil Conservation Service has mapped three soil series on the valley floor: the Solano fine sandy loam, the Pescadero clay, and the San Ysidro loam. The Solano and Pescadero are both saline sodic soils (or Natrixeralfs) characterized by a clay subhorizon (Bt) with a columnar prismatic structure and a high percentage of exchangeable sodium. These soils correspond somewhat with texture and sources of sediment deposited on the valley floor. The Pescadero clay formed on fine-grained "basin sediments" (clay and silt) derived from the Tertiary Marine Sediments to the north and east. The Solano fine sandy loam is derived from Quaternary alluvium on stream terraces deposited by Altamont Creek or on upper foot-slopes at the base of the hills.

Both soils typically exhibit a "hog wallow" or hummocky microtopography, with alkali scalds, ephemeral channels, and vernal pools in depressions, and annual grasses on hummocks. The San Ysidro loam, derived from coarser-textured alluvium, lacks a sodium-rich B horizon and is somewhat better drained. The alkali sink ecosystem (including_) is confined to the
Pescadero and Solano soils. Fig. 4.0 (modified slightly from the SCS soil survey report) shows the distribution of soils on the site.

The mounds and swales on the Pescadero and Solano soils are an important feature of the alkali sink ecosystem. They create a highly variable mosaic of vernal pools, alkali scalds, and well- drained upland microsites. Similar mounds, sometimes called "Mima Mounds" occur on specific poorly-drained sites worldwide.

Their origin has puzzled geographers, geomorphologists, and soil scientists for many years; about 30 hypotheses for mound formation have been proposed (Zedler 1987). At least three hypotheses for the Springtown mounds seem plausible:
i. Burrowing animals. Ground squirrels prefer the better- drained mounds to swales as nesting and foraging sites.

Cox (1984) showed experimentally that burrowing animals move soil preferentially toward mound centers at rates
sufficient to account for mound formation.

2. Shrink-swell clays. The Pescadero soils are rich in
montmorillonite, which has a strong to swelltendency
on wetting and shrink on drying. It has been suggested
that the forces generatedby swelling can have a net
J
1 17

EXHIBIT A
175
-]
. <> -7I__/i ?'C!_
lIJ
°_i ', ', :"i-" i -_-'_-I % Pd %i .._ -"" " I . - ._2_r'_ -= s 4 .._,_ l,., J /._. / #
o % / I_/ __
H'ARTFOn O/ SI 'if// ,r"-_, I ".;
•--------.,,_ = __ _.. __. LT-_AVE. 1 i -"',," " !J ' _ " ",,,,=
Pd A--';<, .,k \ V__ __L----
: _# _...,..,..-" /'_ \\ ..,....... ,.,,_ .-_.._-..._._...,.." _ _\___,.-- - -- _w_- _,,-e- -._====_._=:::==
S 8
S8 San Ysldro loam .._,_,,k,_?/,._ "... _..._i_ _l
Sf Solano tine sandy loam
Sm Sunnyvaleclay loam
FIGURE
Philip WiUilll & AllOCiltel
Soils ofthe Springtown AlkaliSink 4.0ConsuhamsinHyA,ology

EXHIBIT A

176
upward component sufficient to lift mounds (Knight1980).

3. Differential weathering and solution loss.

Accumulation of water in swales or small depressionscould accelerate weathering and solution loss of material relative to higher or better-drained areas.

Once initiated, the swales would concentrate and hold
increasing amounts of water, thus accentuating the
differential weathering rates (Zedler 1987).

Whatever the correct explanation for their origin, the
Springtown mounds are an intriguing landscape feature of considerable educational and scientific interest.
18 EXHIBIT A

177
1 5.0 Climate
Precipitation and evapotranspiration at the site influence both the soil moisture availability to plants and the frequency and elevation of flooding. Table 5.0 shows the mean monthly precipitation at Livermore and Altamont Creek and pan evaporation at Livermore. Mean annual precipitation at Livermore is about

14.5 inches and mean annual pan evaporation is about 72.8 inches.

Precipitation exceeds evaporation only in December, January, and February, on average. Relatively intense storms, however, produce surface runoff to the alkali sink into March and April in some years.
19 EXHIBIT A

178
I Table 5.0:

Mean Preolpitation and Evaporation Near Springtown
Pan
Livermore Altamont Creek Evaporation
(1872-1980) (Elev. 750 ft.; 1913-73) (1962-79)
October 0.69 0.62 5.51
November 1.59 1.48 2.56
December 2.69 2.57 1.57
January 2.96 2.80 1.61
February 2.41 2.40 2.32
March 2.14 1.78 4.21
April i.ii 0.82 5.98
I May 0.47 0.39 8.62
I June 0.II 0.08 10.04July 0.02 0.0 11.77
August 0.03 0.0 10.55
september 0.25 0.26 8.03
Annual 14.47 " 13.20 72.80
1 EXHIBIT A

179

8.0 The hydrologic system of the Springtown Alkali Sink can be subdivided into 3 zones. In Zone I, the Altamont and Tassajara } uplands, rainfall generates surface runoff or shallow subsurface J flow that moves rapidly to well-defined intermittent and ephemeral stream channels. These channels deliver runoff rapidly to Zone II, the recharge zone at the base of the hills. Here, much of the surface runoff infiltrates into loam and sandy loam soils, and the stream channels become less well-defined. During intense or prolonged storms, however, surface runoff from _ Zone I can reach the alkali sink (Zone III) directly.

There are two aquifers or saturated zones beneath the site.

The shallow alluvium and basin sediments contain poor quality water at a depth of 5 to i0 ft. There is not a close connection between this shallow groundwater and deeper groundwater body at a depth of over i00 ft. (DWR, 1974). An auger hole near the southwest corner of the City property (near Hartford Ave.) encountered groundwater 4.7 ft. below the surface (in June 1988) at an elevation of about 499 ft. The profile consisted of stratified clay and sand, with a cemented layer (probably caliche) at 60 inches. A well at the northeast corner of T3032 had a water elevation in March, 1988 of 501' and in September 1987 of 499.8, or 2-3 ft. below the soil surface.

The relative importance of surface vs. subsurface flow to the sink is not known. Permeability through the shallow sandy layers (2-4 ft. depth) in the alluvium is no doubt quite high.

Even if subsurface flow from Zone II to Zone III does not saturate the soil to the surface, it probably raises the water table enough that capillary action can allow moisture and dissolved salts to migrate upward to the soil surface under unsaturated conditions. This sets the stage for rapid saturation and surface flooding during an intense storm.

The Garaventa parcwl is traversed by Altamont Creek, which drains a basin of 13 mi L to the east of the sink. Southwest of I Springtown, this stream is known as Arroyo de las Positas.

Fig. 6.1 shows the major subbasins that contribute runoff to the sink. Fig. 6.2 shows the existing and natural or "original" major drainage network on the site. It is apparent that roads and subdivisions have considerably altered both the amount of surface water delivered to the site and its route across the "_ site. The most significant alterations (referenced to Fig. 6.2) are as follows:

1. Raymond Road and Lorraine Street interrupted poorly- defined channels, and concentrated flow at four
culverts (A).

2. The subdivisions to the east (at B) and south (at C) of the Garaventa parcel have beheaded the channels that
flowed across the property, re-routing storm runoff
20 EXHIBIT A

180
" '........ "-'?" "'-?" :-%1•T_'- _ >._ :' ', ,:
-U : "/ i .... ; '/_' _'_" _ ' I "! " ; •
L-.-J >o.t %,"" ,:-", ,% a _ " ......... "
-Y i / _ ., "..... '--"":" ' 'hi """ \
_'_ i-,_"_ "._:'-_ ' _ :_,:f:O • , -,: . ._I'- \_ _, , ,' i', "" , T'.h 'J , . i _* -- \ -
r !_<..' _,..- f , 0 ,0 ...... . ,_.._.,/[:. -- , , , 1, , • ,._ .'-..l_ ._;....._. ...... "'-_"-."_i'_r'_'_"''"m_"_r_"_,_'a',-O'_t_'v"_ir'_t_"_'_"m " .',"/ I ._,' .... / ,, ' ' I , \ .h _
•,, • _ _< I '_. , L, /"
' ' " ' .""_ • _i! ... . / ....i ......_...i ,_ ./
tli," 'i',,. "_ "_.',' • _.--- ' - --- , .... ._• '................ I ..-.--" o _ - ._' ... _'. ..'-_ _) .,_'_" -. ---- ..'-:::1 ' _, :'_.-_' .'i" '"-k. _ , .. ..,,,,_,_i_,_ ..... _ ......... -- ....... ,, ..... , t / ' :,. II
_, ,i,,'.. _ ........ a ........... :,.,,=.•.-j_,.-_ , . ....

I° I "--" .,i.....,_,.,. ,'c'_-.---.,-/ .:-..:;-.-_.. ,',t/,_I _,•-": i , , _,,:" , . . " ._..... [i >-_-L.' ::% .... 'i_ -,.- .. _,> k ._ : '_l, .- ( :..,_ >." ' "
"" ,_, "' ,I .... " - - _" '::""- '_ ," , " ' _ .... _ _ ' ..... " ," ," ,, , ,._ ..... . .-: . _, - :,,.:.. N.. • ., .- :t" " ,,_':? .... ,-_' :: _ ' ' . _-'"_'" " // ;._'-"i"":..._ :':. " /" _. ..o> ,_.,,." ,.,,.,. _., ., _ .... _ ...... , ,-., .._, , ] .......... .,. / , ... _ _ _,,. , ., ,.......... ,, :.,. % ....... .-,: "',*,,, .... _ ,' 4.:., t._Rl:_...-?"'_, ,:. ;._,:=_,,J ......... . 7',:#'_':_":" :"-'.,:-:'. ,.7-.,:._,_.\.::_,,.....:_...,:>...,_ • " "_,.t , ",,.._-_:,( _ _ :/,:,j:<..... . . .,',I • ", •.--7!i_i;_T!!:-i:,.-:,.:ii:i::_S-_:1._. } ':' : . ,. ......... ,.: .. .. .,. .... ,......: .................<....._. :: I , _, " • ,. - .:<_ ,.,_":: <.I ,... ,, ," "......... : ...... ' " '!_,! ' .. ". ' 'l_,".."_- ", ............... , . - ,_ ._ _,,! ...... -. I, .• . ..... .: _>., ,x+ .......... ' • .- •..- ............._. o:% I "_:'_ _I
t,=. (: .. .... ......... ....
"" '. ......... "', ". :,<" '. _ ,,.._ :/ ",, _ .... ,.., , _ ,.. -,'. ,_l... -/: . ,..... _,, .,, > .. ..,, ' • : : , i '. --,'i ..'; ",'7' , ,P:'.,. ' ,,, -... ,I , , _""._.,,. . • '_ . tt . >.:_ _ ._ ,', . ..,_,-. . .. .. .... .. ,_ ....:. ; \,. , _ ,,__ ,0 "_ :--_'-_ . _ _ .... .., ..., , . , , ........ . i ' " "- "' . " '. ": " I ...... " < " - ........ _ '
i:. "7- _ "/' _t\ ' _.I .', . -_:._., ,' ':...,/_.,:? , :'" ,'-" _ '% " 1-< ':-,", _ i : ..... ....... ._,_._,.............. ..: ,. ,,_ , -.o., ,_ .%7 :'-_ '_ ['_ , _:.:- -,t :!:":-:._.._,=-,_ ... . . • , '" • " . _- ";,, *._ . - "11: . .. ] . .--2 ..... -: .._ .... . .,,,. t..... ................ _%.. .... i. _ (.I ' '_. ._," _', ." :'::," :":'.7:.. " '-. ->:< ",. b:-'"'...' .'."'."_ ! :: "_" ___. i iI , ,.. ,, .... .:.. , ,..... •..... , " "(" I I _ ' • J - ,'"'-_ -* ' '. _* ,
,=,.-., _:. ' < ;.':: "<i'. ": """"' "
' !i
•, . ,m . .
:_.-'..I -
, , ,, _i 't. t A <_ • ."
,,_ _ . , . ._ . . }'t, .i ,.','_ i,' "
,I,' • .ih;" " .... .- .j .. ..a.
:,11 :;] I

EXHIBIT A

181
i
• - _ _ X._\c---/d,.-s_J5J__.__._.,-
• ,,,', ,_. _ <,"i ,---',. ,- / ,.___,.. -_ _,
= t ) ' ' ""--5" ' I ' A ,.. 0
.._ ,'_i |',-., j / ([ I_ ,. _ ,_,,.-..-- .,,. y_..,._......i ,_---.,._- I , ..i,." ! ,--#>-- _ -I . ".,.I ..'_'-J _" ....... _ ",.,S _ _i:_ "_=_ HARTFOI:IO_' ,_S _ _"' ,. _ i ; .. _'- "'"__-__,.._.._..__.'_4__,,_ _ _.. , • _..---...C. = I-/1i ,._.i_...-- ,_'_:-U"44,,-...-_=- ' k ,:._ : f' ,..' -'. _"_-,-._.....__..-..-,-,_..."_.: _ ,:-P</Z_,-! <_-_,=...---..<__ X /" .l" / _'?"_'_" _ -----AW_--- ]L-
, ,..'_.,_ _ .=_,/- _ / _ ..-..r, ",_-X /' "'.--'\_ l .x"</X_ i , ' .... .,,.+.--,,,iO
"-- Natural Drainage "\ ' _"_,_ ,_,< !I :
.... "" Post-Develoloment DrainaGe
FIGURE
"-_ _l.p wp..., t _,.=d.,.. Post-Development and Natural DrainageNetwork con,_l,_n,_ ,n_,.,_,oi,.,,_ofth aiiSink 6.2
II IIi II |

EXHIBIT A

182
directly to Altamont Creek. The area contributing
surface runoff and shallow groundwater to the Garaventa parcel has been reduced by roughly half. This loss of
surface and subsurface water has probably caused
changes in the alkali sink community, reducing the
extent of Cordvlanthus p_tus habitat and wildlife
use.

3. The central subdivision and paved bicycle path have
• interrupted several drainage channels (D and E) and
concentratedsurface flow at culverts near the
northeast corner of the subdivision (F). This has
resulted in accelerated gully erosion (at H and I) and
prolonged ponding of water in the spring (at J).

4. The unimproved (and recently barricaded) Hartford
Avenue extension has blocked channels draining the
eastern portion of the city property (at K); this
blockage has expanded the vernal pools on the City
property.

5. Altamont Creek has been realigned and widened to
increase its flood conveyance capacity (L), and thus
probably reduced the frequency of overbank flows and
the extent of adjoining wetlands.

6. Bulldozing, windrowing of shrubs, and ORV activity have disrupted surface drainage patterns on the Garaventa
parcel (M), causing direct damage to the wetlands.

In short, the pattern (timing, distribution, and magnitude) of flow across the site has been significantly altered. Minor redirection of flow (as by Lorraine Street and Raymond Road) has merely redistributed water within the alkali sink. The storm drainage systems for the subdivisions, however, have
significantly reduced the input of water (and possibly of dissolved salt) to portions of the sink, and undoubtedly affected the quality and extent of wetlands on the site.

The hydrologic characteristics of the site are due in large part to the physical and chemical characteristics of the Natrixeralfs (Pescadero and Solano soils). The high sodium concentration in the clay-rich B horizon of these soils causes "deflocculation," impeded drainage, and a "perched" water table.

Where water is ponded on the surface or can move to the surface by capillary action, soluble salts accumulate. The life cycle of C_ is tied to the annual cycle of surface flooding and
dilution of soluble salts.

It is likely that Altamont Creek formerly overflowed its banks onto the Garaventa parcel more frequently than it does at present. Figure 6.3 shows the estimated flood frequency relationship for Altamont Creek. The realignment and deepening of Altamont Creek has increased its flood conveyance capacity. A natural alluvial channel could be expected to flow at bankfull 21 EXHIBIT A

183

EXHIBIT A

184
capacity once every 1 or 2 years. The present channel can contain a flood that could be expected about once every 7 years; a ten-year flood would spill onto the floodplain in some spots.

Altamont Creek is also used to convey irrigation water
during the summer from the South Bay Aqueduct to the Springtown Golf Course. Water is released to the creek three times weekly. 22 EXHIBIT A

185

7.0 Veaetation of the SDrinmtown Alkal_ S_nk

7.1 Methods
The SPringtown wetlands site was surveyed on foot, and
mapped onto 1986aerial photographs. Black-and-white aerial photographs, dated April 20, 1986, at a scale of i" = I000 feet (i:12,000) were enlarged to i" = 200 feet (1:2400) and used for mapping purposes.

Selection of areas to be surveyed was based primarily upon knowledge of habitat requirements for Cordvlanthus Dalmatus. The survey concentrated, therefore, on drainage features and alkali scalds. Physiographic features such as fencelines, dirt roads, and subdivision streets, visible in the aerial photographs, were used as points of reference during the survey. The starting points for areas surveyed corresponded to a definite
physiographic feature. Surveying then proceeded by wandering through likely habitat. Attention was focused on alkali scalds, channel banks, and sides of mounds. As soon as individuals of Cordvlanth_s were observed, the entire drainage feature and periphery were searched. As much as possible, individual plants were counted during the survey. When plants were found in interconnecting drainage features, surveyed areas were flagged in the field so that duplicate surveys of adjacent areas would not occur. Species associated with Cordvlanthus malmatus were recorded, as were species occurring in the major vegetation typesat the site.

The northern portion of the Livermore site was surveyed during September, 1987. The two southern parcels were surveyed during April and May, 1988. A late spring/early summer survey may not give an accurate representation of reproducing
individuals due to seedling/plant mortality during this part of the growing season.

A generalized vegetation-type map for the Livermore site was based on the enlarged aerial photograph (I inch = 200 feet, or 200 scale) used for mapping the population of _
Dalmatus. Areas of alkali grassland and of iodine bush scrub were mapped as valley sink scrub or alkali sink scrub. Unless clearly distinguishable, non-native annual grassland was not mapped. Boundaries between annual introduced grassland and perennial grassland were often not distinct on the aerial photographs. The lack of distinct vegetation features is due to two factors: annual grasses were green at the time of the photographic flight due to the high water table at the Livermore site and do not contrast with perennial grasses; and, grazing in the northern portion of the site apparently cropped both annual and perennial grasses to the same extent.
23 EXHIBIT A

186
Table 7.0:

HistOry of Recorded Cordvlanthus Field Observations,
Springtown _Ikali Sink

DATE SPECIES OBSERVED BY
1982 Cordvlanthus p_matus Michael Zander
Harding & Lawson Assoc.
(Formerly with ESA)
1983 Cordvlanthus Dalmatus Paul Kelly
Dates various CA Dept. of Fish & Game;
Viki Reynolds, U.S. Army
Corps of Engineers; Monty
Knudsen, USFWS
Jul. 6, 1983 Cordvlanthus p_imatus Susan Cochrane and Sandy Cordvlanthus mollis Harrison, CA Dept. of Fish
ssp. hisDidus and Game
Jun. 5, 1986 Cordvlanthus _imatus James Jokerst
Cordvlanthus mollis Jones & Stokes
ssp. hisDidus
Aug. 6, 1986 _ malmatus Virginia Dains
Cordvlanthus mollis
ssp. hisDidus
1987/1988 _ malmatus Mary Ann T. Showers
Dates various
David W. Showers
CA Dept. of Fish & Game
Monty Knudsen
U.S. Fish & Wildlife Service
Robert Coats
Philip Williams & Assoc.

EXHIBIT A

187

7.2 Results
Figure 7.0 shows the generalized vegetation type map of the Springtown Alkali Sink, and Figure 7.1 shows the distribution.of p_lmatus, as determined in this survey and two
previous surveys. (These figures were copied from the 200 scale maps, which are available on request.) Table 7.0 shows the history of recorded _ field observations at the
Springtown Alkali Sink.

Cordvlanthus Dalmatus occurs along seasonal drainage
features within the iodine bush subtype. These drainage features include natural braided channels and depressions where water collects. Density of individuals along the channels is not uniform. Within the iodine bush subtype, Cordvlanthus plants occur primarily along the edges of channels where there is a microtopographic rise above the channel bottom. Above this point, non-native grassland becomes dominant. Associated species in the iodine bush subtype are seepweed, pickleweed, and alkali heath. The drainage features support a diverse flora that changes seasonally. The early spring flora is represented by coyote thistle (Ervnaium aristulatum), downingia (_
nulchella; _ cusDidata), goldfields (Lasthenla
chrvsostoma), spurry (Sner_ularia macrotheca var. lonaistv_), peppergrass (LeDidium lasiocarDumJ, and mousetail (Mvosu_8 sp.).

Summer flowering annual plants include alkali weed, spikeweed, tarplant (HolocarDha obcon_c_), and saltbush (Atrlmlex
cordulat_). Hispid blrd's-beak (Cordvlanthus mollis vat. hismidus) also has been reported as an associate of
nalmatus, but was not found in this study (see Appendix I).

Cordvlanthus Dalmatus is also associated with alkali scalds or barrens. These are primarily bare depressions surrounded by . denser grassland, and are remnants of the once-more-extensive alkali sink ecosystem. A few isolated individuals of iodine bush, seepweed, and alkali heath occur on the scalds. Not all alkali scalds at the Livermore site contain Cordv_anth_s; overall distribution may vary from one year to another, based upon seasonal flooding, soil salinity levels, and seedset.

Distribution within the scalds is also variable: some scalds support Cordvlanthus only on the margins ("bathtub ring" distribution), while others support _q_dvlanthus throughout the entire scald area.

Dominant spring-flowering annuals on the scalds are
goldfields (_ alaberrima; Lasthenia chrvsostoma),
plantain (Plant_qo _ var. californica), spurry
(_ _ vat. ionaistvla), and peppergrass
(Lemidi_m lasioqar_u_). The scalds intergrade with annual grassland and perennial grassland. The annual grassland is dominated by soft chess (Bromu_ mollisJ, Mediterranean barley, and wild oats (Avena barbara). Blue dicks (Diche_ostemm_ _), lupine (Luninus nanus), and fiddleneck (Amslncki_
_) are associated with the annual grassland. The area
24 EXHIBIT A

188
RAYMOND lO
<_ [=_'_ L"__==" I \ """ _ .'5-- ,' I ;.-
0 I ,. "" /
-L]L ",r--
FIGURE
=,_u=,_au,_, i_.,,,,=_=, Generalized VegetationMap of theSpdngtownAlkali 7.0 Con,,,'=a =Hvdro_ Sink Basedon 1988AedaJ Photography (1:12000)

EXHIBIT A

189
._A.TFO.C
o.o_,
, [
St"
I _ _'"_/ _.. (
• ..._
•:::::::..:'.:::: ::::'.:1982-1986 Approximate Extent of_ oalmatus (FromZander,1982;Cochrane, • 1987-1988 Isolated Individuals, Group= of FewRant=(Sllowenk 19881 ° °1 I
Con,=L,=_,,,, Hydrao_v Distribution of CoroylantlluspaJmatus at the 7.1 aJi Sink

EXHIBIT A
190
south and east of the scalds in the southwestern portion of the i site supports a dense stand of creeping wild-rye.

The alkali grassland subtype, dominated by saltgrass,
interdigitates with areas dominated by iodine bush and areas dominated by annual grasses. Saltgrass is common in many drainage channels, and, in some, provides i00 percent cover.

Cordvlanthus Dalmatus also occurs in the alkali grassland, principally in the drainage channels.

A previous study by ESA/Madrone also mapped the extent of Cordvlanthus Dalmat_s habitat in the Springtown Alkali Sink.

Figures 7.2, 7.3, and 7.4 are the "Habitat Maps" from the ESA/Madrone report (Zander, 1982). The "Barnett Range" site in Figure 7.3 is referred to in this report as the Anden/Shean site.

Portions of the areas mapped as annual grassland by ESA/Madrone have been designated as wetlands by the Corps of Engineers. i,
J
i
J
J
j 2s

EXHIBIT A
191
I , I I _ _ _C_)£_" _ --i_"_,___._J .6o O' "_J:_,
• . ..-.h" , ,., p.......................-. \ r_%_(?_, t C_x._,- \ _ f._,_.

P _i,t Ilsct..,boc* ADa ,, I ..'4S ". • _ .,.._C._ [ Irk\ ell I :"/ r" .J , ,_.),.,'_...,._,'7.--" 556 BUUHDARY " '_ I • ), \, ) _ ,7
" _' _" _ ' I ' ' " "" '"
_ I'_I: I'".... ".........",._/_fi"_--_:_,-._..,...,
./.... . ......... __, I..,, "-.__.(___./ ....... _'_ .L __ r._,..27 ,_'-_°"°'-'_''_ ,_-_"_--'_"'_'-'_'I_-_-,_/"_'___._ _. ----r-- _ i " _- " - "_/;'_'- '"
.. ........,
. ..." _o . _ ". ,-'-,y-
... Ii '. - _ . I_!. \ _;i
, , :_ ., ..I ........... _._.;..::
..__ , /.ou'_o,.___: A._, , __._ _
_.7 ! _A_r_opq'o _ AV_N_'_'_I_:: ......... _ ....... ,'1 "':_.......... .': I _"" ', i ...... -_ _ ,..'_.:. , ._ . .
,. I
'' "_ " _,,"-"-_"'._ ," _-I_'_";" "'_'".... "'"
.,"
oO
,." _ "" ;-I'
FTIOPOSED PROJECI_ m Approximate extentof
I' 1 Garaven_a Cordylanthus palmatu8
/
, 2 Same. Range FIGURE 7,2
l 3 Anclen Proposed Projects/
CITY PROPERTY Species Range
E

EXHIBIT A

192
=1

EXHIBIT A

193
Positae
FIGURE 7.4
Habitat Map - Barnett-Range Site (2)

EIIAIMAORONE

EXHIBIT A

194

8.0 Water and Salinity Relations o_ Cordvl_Dthu s pa_matus Salt-affected habitats, such as coastal beaches, dunes, salt marshes and salt deserts, have a vegetation cover that is dominated by perennial plants (Barbour and Johnson 1977, MacDonald 1977, Barbour and Vasek 1977). Annual plants, such as Cordvlanthus Dalmatus, are uncommon and tend to contribute a very small fraction of biomass and cover to the community. Annuals usually lack the physiological mechanisms that allow longer-lived species to persist under prolonged conditions of low soil moisture or high soil salinity (Bradford and Hsaio 1982, Pavlik 1984, Haines and Dunn 1985). As a result, the growth and reproduction of annuals is usually confined to periods of greater moisture availability and/or reduced salinity, with several important exceptions. One of these exceptions is Cordvlanthus malmatus: its periods of maximum growth and reproduction extend through the s,!mmer and fall of each year, when soil moisture would be most limiting and salinity at its highest. There are two alternative explanations for this situation:
1) _ Dalmatus is more drought- and/or salt-
tolerant than the typical annual plant because it
possesses physiological mechanisms that allow tolerance of low water potentials.
2) Cordvlanthus Dalmatus is sensitive to drought and/or salt stress like other annuals, but does not experience low water potentials because its habitat is not as
xeric as one would predict based on climate or soil
salinity.

Although a complete study of the water and salinity
relations of Co_dvlanthus Dalmatus is well beyond the scope of this report, it is possible to distingush between these twopossible explanations. If the diurnal pattern of xylem water potential _Or_y_anthu_ nalmatus during the summer is similar to that of dominant Springtown perennials (e.g.,
_, Frankenia arandif0_ _ ), then explanation 1 would
be supported. Since _ p_imatus is a hemiparasite, it
may draw water and nutrients from the roots of most perennials through its haustoria. Although hemiparasitism is probably an important aspect of its water relations, Cordvlanthus na_atus would still reflect the water status of its perennial hosts, which tend to experience low water potentials. With respect to management, this would mean that Cordvlanthus nalmatus is probably insensitive to hydrologic factors and would be tolerant of modifications to the habitat that affect soil moisture (e.g., runoff, infiltration, sheet flow). Otherwise, if the water potential of Cordvlanthus p_imatus was significantly higher than the dominant perennials, explanation 2 would be supported. In this case, the argument could be made that local hydrology, including topographic, climatic, and edaphic factors, were largely responsible for the existence and persistence of Cordvlanthus Dalmatus at the Springtown site. It suggests that f
26 EXHIBIT A

195
Cordvlanthus p_imatus would be intolerant of modifications to the habitat that affect hydrology. Positive (i.e., less negative) deviations of Cordvlanthus Dalmatus water potential from those of other species in its immediate vicinity would also eliminate those plants as hosts.

In July 1987, stem water potentials of Cordvlanthus
Dalmatus, _renkenia arandi_lora, and Allenrolfea occ_dent_S were measured using a pressure bomb (Soil Moisture Equipment, Santa Barbara, California). Replicate samples were used from different individuals at the "FCC Corner" site at three times during the day -- predawn, mid-morning, and mid-day. An attempt was also made to measure leaf conductance to water vapor using a steady state porometer, but accumulations of salt and dew on the outside surfaces of Cordvlanthus p_imatus made the technique unfeasible. Pressure bomb readings were also obtained in February 1988, except that the annual Cress_ truxillensis was substituted for the acaulescent Cordvlanthus Dalmatus seedlings (which were not large enough to fit into the chamber). The diminutive C_es_ has a root system that is similar in form and extent to the Cordvlanthus palmatus seedlings and, therefore, probably experiences the same water potentials as Cor_y_anthus Dalmatus at this time. The July and February measurements should represent seasonal extremes in water potential of these species, with the former being most important in testing the alternative explanations for the activity of Cordvlanthus malmatus at Springtown Alkali Sink.

The diurnal course of July and February water potentials of Cordvlanthus nalmatus, Cressa truxillensis , Frankenla
arandifolia, and Allenrolfea occidentalis are shown in Figures

8.0 - 8.2. In all species, water potential was highest at predawn and declined steadily through the day, as is typical for plants from most terrestrial habitats. The lack of any
significant difference between the July and February patterns of the annuals (Figure 8.0), however, was unexpected and extremely unusual according to the published data for wetland plants. Even in July, more than two months after the last significant rainfall, predawn water potential of 9_qr_ nalmatus was higher than -I.0 MPa (similar in magnitude to plants in a tended garden). The two perennial species at this site had
significantly more negative water potentials than did
Cordvlanthus malmatus during the predawn and morning periods of July (Table 8.0) and both exhibited typical seasonal fluctuations in the magnitude of water potential (Figures 8.1 and 8.2).

Although Cordylanthus Dalmatus and F;ankenia arandifolla exhibited the same midday water potential in July, it is still very unlikely that the two share a parasite-host relationship.

This is because the water potential gradient at other times of the day, (e.g., predawn and morning) would indicate that water was flowing in the wrong direction (i.e., from Cordvlanthus Dalmatus to _ _), a condition that would
rapidly lead to the dehydration and death of _
Dalmatus. The same is true for Allenrolfea 0ccldenta_s - its water potential is too low to allow parasitism by Cordvlanthus 27 EXHIBIT A

196
!
Cordylanthus palmatus and Cressa truxillensis
o
Cressa- February 1988
Cordylanthus- July 1987
"5 = f = I I I I I I
4 6 8 10 12 14
SOLAR TIME (hrs)
Figure 8.0 Daily pattern of xylem water potential for two annual species at Springtown Alkali Sink, 1987-88. The endangered Cordylanthus palmatus experienced the same water potentials in July as Cressatruxillsnsis did in winter.

EXHIBIT A

197
Frankenia grandifolia
0 February 1988
• _ July
S -3
a.
.llc
-5 i I , ! i I i I i
4 6 8 10 12 14
SOLARTIME (hrs)
Figure 8.1 Daily and seasonal pattern of xylem water potential of the perennial Frankenia randifolia at Springtown Alkali Sink, t987-88.

EXHIBIT A

198
Allenrolfea occidentalis
0 February 1988
O_-3 July_L
1"'-4
-5 i I I I i I a I I
4 6 8 10 12 14
SOLAR TIME (hrs)
Figure 8.2 Daily and seasonal pattern of xylem water potenCial of the perennial Allenrolfea occidentalis at Springtown Alkali Sink, 1987-88.

EXHIBIT A

199
TABLE 8.0
Comparison of xylem water potentials (MPa) of
plants from Springtown Wetlands, July 1987.

Each value is a mean + SD of pressure bomb measurements made in s_t_ . Values within a row followed by the same letter are not significantly different (ANOVA, P<0.05).
solar time Cordvlanthus Frankenia Allenrol_ea
predawn -0.98_ 0.22a -1.95_ 0.63b -3.70± 0.16c
9:15 am -1.59_ 0.17a -2.33_ 0.06b -3.94_ 0.14c
1:00 pm -2.93_ 0.62a -3.02± 0.08a -4.18± 0.17b

EXHIBIT A

200
I_ _. A more likely candidate for the host plant is_ sDicat_, but its stems were too small to be used in the pressure bomb.

I These measurements of water potential integrate both the effects of soil dehydration and soil salinity. The presence of high concentrations of sodium chloride presents an additional source of stress for _ malmatus and other plants at
this site. Each of the species studied has its own mechanisms to deal with salt in order to reduce its effect on water potential and mineral nutrition. C_es_ _, like most salt-
intolerant annuals, avoids high salinities by germinating, growing, and reproducing when winter rains dilute the salt and hydrate the soil. Cordvlanthus malmatus, Frankeni_
and _ _ grow and reproduce during the dry
summer, when salinity increases. Each of these species must deal with the salts that accumulate in their tissues.
sequesters the salt in its ownsucculent stem
tissues, using water to dilute its osmotic effects. In contrast, _ Dalmatus and Frankenia _ have glands that
excrete salt to the exterior of the plant. These salts, when washed or shed to the soil surface, wouldachieve high
concentrations and potentially accentuate the effect of soil dehydration on plant water potential if they were reintroduced into the root zone.

Given the high values of July water potential of
I _ nalmatus, it is clear that these excreted salts arespatially separated from the root zone after deposition on the soil surface. This is supported by the results of a single experiment conducted during July, when Cordvlanth_ Dalmatus plants were given 500 ml of distilled water at their base Just prior to the predawn pressure bomb measurements. During the course of the day, the plants given water were at a much lower water potential (i.e., they were more stressed) than unwatered plants (Table 8.1). Evidently, the water leached the surficial salts into the root zone, thus lowering plant water potential.

The implication is that _ malmatus may depend on low
salinity in the groundwater during its period of maximum reproductive activity. It is also possible that the salt-laden droplets of dew that form on plants overnight could contribute to the elevation of plant water potentials if the water potential of those droplets were significantly higher.than the water potential of the plants. In this way, atmospheric moisture could
contribute to rehydration of the plants without leaching soil surface salts into the root zone.

The available data suggest that Cordvlanth_s Dalmat_s does not experience low water potentials because its habitat is not as xeric as one would predict based on climate or soil salinity.

Runoff and subsurface storage of water are, therefore, important to maintaining the relatively high water potentials of
Dalmatus plants at the Springtown Alkali Sink. It
is probable that like other annuals, _ Dalmatus is
sensitive to drought and/or salt stress and intolerant of 28 EXHIBIT A

201
TABLE 8.1
Effect of surficial watering on the water potential (MPa) of _ p_lmatus at the Springtown site,
July 1987. Each value (except the 1:00 pm watered)
is a mean-+ SD of pressure bomb measurements
made in situ . Values in a column followed by the same letter are not significantly different (ANOVA P< 0.05).
treatment predawn 9:15 am 1:00 pm
unwatered control -0.98_ 0.22a -1.59 _ 0.17c -2.93_ 0.62 watered -1.98± 0.27b -2.59 _ 0.30d < -3.5

EXHIBIT A

202
hydrologic modifications to the habitat. The data do not, however: i) confirm the source of available water; 2) indicate the importance of atmospheric deposition in the form of condensation to plant hydration; 3) identify the host plant (if any); or 4) rule out the possibility that _ Dalmatus
possesses tolerance mechanisms that are not expressed under the conditions found at Springtown. Nevertheless, no data exist that indicate insensitivity to drought and/or salt stress.
29 EXHIBIT A

203

9.0 Microdistribution of Cordvlanthus nalmatus
In mapping the distribution of _ nalmatus at the
Springtown site, it was noted that the plant is generally most successful on the sides of drainage swales or channels rather than on the tops of mounds or floors of vernal pools. Three hypotheses may explain the microdistribution of the plant.

First, flowing water may be essential for dispersing seeds.

Floating seeds would be caught in grass along the margins of ephemeral channels rather than deposited on the channel bottoms.

Second, surface water (or high soil moisture levels)may be necessary to dilute soil solute concentrations enough to permit germination and seeding establishment. Third, Cordvlanthus p_imatus and competing vegetation may segregate along gradients of soil chemistry and available soil moisture. Micrositss between the mound tops and swale bottoms may simply have the • range of physical and chemical soils properties at which Cordvlanthus malmatus competes most successfully.

9.1 Methods
In order to describe the microdistribution of _ordvlanthu_ nalmatus in relation to soil chemistry and hydrology, two 24- meter transects were surveyed near the southwest corner of the Livermore City property. Transect No. 1 crosseda swale adjacent to an ephemeral channel; transect No. 2 crossed a channel that held ponded water during the spring of 1988. Along each transect, elevation was measured at 1 meter intervals and percent cover of annual grasses and alkali sink vegetation (including _ Dalmatus) was noted. Soil samples were collected at
2-meter intervals from depths of 0-2 inches and 2-4 inches, and returned to the laboratory for chemical analysis. This included pH, electrical Conductivity (E.C_) and Sodium Adsorption Ratio (SAR) of the saturation extract. _

9.2 Results
Figures 9.20 and 9.21 show the elevation along the two
transects. Figure 9.22 shows the distribution of vegetation along thetwo transects, and Figures 9.23 and 9.24 show the distribution of pH, E.C. and SAR along the transects. Since there was little difference between the values for 0-2 inches and 2-4 inches, the data for the two depths were averaged. The I/ (SAR = Na+
$Ca_+Mg_
2 expressed as milliequivalents per liter; it is an expression of the degree to which the cation exchange complex is dominated by sodium.
30 EXHIBIT A

204
ELEVATION (_ETERS-NGVD) '-
O _ f I _ ]_ I f r _ I
TL_-O_
0").

Co- (
--I
r,O
/,3
g

EXHIBIT A

205
ELEVATION (METERS-NGVD) _
0"I _ CJl
0 l _ i f Iz_ i i i l I.
_ C::_"
--t _
Z
o_-
r_
_ _- _r
O

EXHIBIT A

206
TRANSECr I TRANSF, Er 2 l
*

PERCENT COVER
0 0 _ 0 "_U1 f

EXHIBIT A

207
|

EXHIBIT A

208
_111111111111/1111/I/11/11_

EXHIBIT A

209
original data are shown in Appendix VI. From mound tops to swales, there is a sharp gradient in both soil chemistry and vegetation. Mound tops have slightly acid soils, low salinity and low SAR values; they are dominated by annual grasses. Moving toward the swales, the pH, E.C. and SAR increase dramatically, and vegetation is increasingly dominated by alkali and salt- . tolerant plants, and plant cover decreases.Along the first transect, Cordvlanthus occurred at the most extreme saline-sodio conditions, with a pH of 8.5-9.2, electrical conductivity (E.C.) of 24-42 mS/cm, and SAR of 188-284 meq/l. 1 Along the second transect, where it was more abundant, it 1 occurred under less extreme conditions, with pH of 7.2-8.6, E.C. of 8.1-9.4, and SAR of 59-89 meq/l. It appears that Cordvlanthus ! malmatus is unable to compete with annual grasses in moderately I acid non-sodic soils; it can tolerate extreme conditions of salinity and alkalinity, but thrives best under moderately 1 saline-alkali conditions.
31 EXHIBIT A

210

EXHIBIT A

211
i0.0. Manaaement Plan for Cordvlanthus Dalmatus
The objective of management is to maintain a viable alkali sink wetland ecosystem that includes habitat for _
Dalmatus and the many other plant and animal species that inhabit the site. This will require active management; simply fencing the site will neither provide adequate protection nor allow the public a valuable educational opportunity.

The U.S. Fish and Wildlife Service and California Department of Fish and Game developed these recommendations following a careful consideration of the technical information provided in this document, a review of the scientific literature, and consultation with agency biologists and biologists in the academic community.

Management of the site can best be approached by subdividing it into zones of allowable use intensity. These zones take account of plant distribution, soils, and hydrology (see Figure

10.0). The zone boundaries are for general planning purposes only; for design purposes, boundary locationsmay need to be field-verified.

Zone A. This zone comprises: 1) existing and potential
habitat for Cordvlanthus, defined by valley sink scrub vegetation and saline-sodic soils; and 2) areas defined by the U.S. Army Corps of Engineers as wetlands. Areas that fit these criteria in 1982 but have been subsequently disced are still included, since they are probably restorable as _ habitat. Our
management recommendations for this zone include:

A. Land Use
I. No additional roads, subdivisions, or other forms
Of development.

2. Removing the cattle and monitoring the subsequent
vegetation changes.

3. Initiating a controlled burning experiment.

Controlled burning would favor the dominance of
saltgrass (Distichlis) and possibly other
perennial species over annual exotic grasses. It
would also reduce the fuel load and the likelihood
of wildfire.

4. Repairing ORV damage on the Garaventa parcel, and
improving fencing to prevent future intrusion.

5. Confining bicycle activity and foot traffic to one
or two trails across the site. These should be
designated and fenced with the active
participation of the main user groups.
32 EXHIBIT A

212

6. Developing an interpretive trail with boardwalk
and signs in part of the zone, calling attention
to the unique ecological features of the site.

Dogs should be permitted only on leashes.

B.
i. Restoring damage from gully erosion at the south
margin of the city parcel and at the west side of
the Garaventa parcel. The gully erosion at the
south edge of the city property could be treated
by excavating a shallow, more sinuous channel with
a lower slope, and filling the existing channel.

Erosion at the head of the gully at the western
edge of the Garaventa property will have to be
treated with check-dams and gully plugs. Control
of gully erosion in the alkali sink is extremely
important for maintaining site hydrology. Gully
formation would in the long run lower the shallow
water table, dewatering the wetland and altering
both soil chemistry and soil water availability.

2. Restoring the hydrologic characteristics of the
Garaventa-Kaufman and Broad parcels. This might
be done by: a) diverting stormwater from the
subdivision east of the area to the ephemeral
channels on the site; it might be possible to
divert storm runoff at the end of Berkshire P1. to
the relict channels i00 ft. and 600 ft. to the
south (at "B" on Fig. 6.2); b) diverting water
from Altamont Creek during runoff periods onto the
floodplain. This could be done with a weir and
side channels cut into the stream channel; c)
pumping water from Altamont Creek during the
summer. The price of water released to Altamont
Creek from the South Bay Aqueduct is $30/ac-ft.

All of these measures would require additional
hydrologic and hydraulic analysis.

3. Assess hydrologic trends and apply results to
species management planning (see Chapter 11).

C. Species Manaqement
i. Initiate a long-term monitoring program designed
to document population trends for Cordy1anthus
malmatus, determine the effects of site management
on the species, and assess enhancement efforts
(see Chapter 11 and Appendix IV).

2. Identify potential Cordv_anthus habitat offsite
and establish new populations. Establish a
management and monitoring program for the new
sites.
33 EXHIBIT A

213
Zone A-I. These areas, around Frick Lake, and between Frick Lake and Vasco Road, are discontiguous areas of alkali sink.

They appear to have the physical characteristics of good Cordvlanthus habitat, but no Cordvlanthus has been found on them.

They may, however, be potential mitigation sites for
establishment of new populations of Co_7_anthus. It is likely that the U.S. Army Corps of Engineers would assert jurisdiction over these areas as wetlands. If they are to be used as mitigation sites, additional hydrologic and ecological evaluation will be necessary.

In areas where Zone A abuts directly on existing
subdivisions, land use and human impacts will have to be carefully planned. At present, the alkali sink areas are at the back of the subdivisions, and some local residents have no reason to view the alkali sink as anything other than a wasteland. The former dumping of debris and ORV damage attest to the attitude of at least part of the public. These border areas may need to be made the focal point for public access and education, with trails, interpretive signs, landscaping, and picnic areas. They I will have to be patrolled and maintained by park personnel. Inthe long run, the alkali sink ecosystem and habitat for Cordvlanthus can only be maintained with active community support and interest.

ZoneB. This zone provides a buffer around Zone A that is needed to ensure protection from disturbance. The zone includes areas of saline-sodic soils that support annual and perennialgrassland, but not wetlands or alkali sink scrub vegetation.

Where roads abut Zone A, the road itself may be considered Zone i B. The minimum zone width should be 200 yards, but in some areasthe zone is defined to include the strip between Zone A and the nearest road or street.
l • Management objectives for this zone include:
i. No new subdivisions, roads, or other developments.

2. Open-space uses, such as picnic areas and playing
fields, are acceptable, provided they create no off-
site hydrologic impacts.

3. Free-roaming dogs and BMXbicycles are acceptable, but not mechanized ORVs.

Zone C. This zone comprises the watershed lands of the
alkali sink. These areas are extremely important in providing groundwater recharge and surface runoff to the sink.

Recommendations for this zone include:
i. Only low-density residential development or open-space uses should be permitted. A minimum lot size of 1/2
acre, and maximum allowable impervious surface of i0
percent would result in relatively little hydrologic
impact (Rantz, 1971).
34 EXHIBIT A

214

2. Any development should include site-specific mitigating measures to prevent off-site hydrologic impacts.

Possible mitigation might include, for example,
detention/recharge basins to reduce runoff peaks from
impervious surfaces and allow infiltration to the
shallow groundwater. Storm drains should have well-
maintained trash racks to prevent deposition of debris
and refuse in the alkali sink. Storm runoff should be
routed to the sink, and not directly to Altamont Creek.

This will require careful placement of culverts and
drainways. All mitigation masures should be spelled
out in detail in the permit conditions for any
development in Zone C.
35 EXHIBIT A

215
Ii.0 Monitorina Proaram for Co_ylanthus ma_tus
objectives:

A monitoring program for the State- and Federally-listed Endangered Species, Cordvlanth_ oalmatus, is required for proper management of the Springtown Alkali Sink wetlands. The specific objectives of this program include; I) documentation of population trends; 2) determination of the effects of site management (fire, grazing, hydrological alteration) on the population; 3) assessment of efforts to increase the size of the existing population by identifying demographic factors that limit population growth; and 4) assessment of gully erosion, surface flooding, and shallow water table elevations.

APProach:

The preservation of rare and endangered plants depends on the establishment and maintenance of habitat reserves - intact ecosystems whose basic biotic communities have not been damaged or impaired by development or disturbance. Although these reserves and other forms of land-use restriction are absolutely essential, they do not, in and of themselves, ensure the recovery and persistence of endangered populations. It has become increasingly apparent that these populations must be actively managed, beyond passive protection, in order to slow and eventually reverse their decline. Endangered species management requires quantitative, autecological data that can readily be generated from a field monitoring program.

Monitoring is a quantitative assessment of the status of a population over time using data derived from individual plants.

Excluded are conservation efforts related to rare plant inventory (a geographically-based assessment of entire taxa) and survey (an ecologically-based assessment of entire taxa). A monitoring census is accomplished by marking or mapping individual plants in a population and repeatedly measuring characteristics of their performance _n situ. Monitoring is, therefore, capable of identifying the timing and causes of poor performance (e.g., mortality prior to reproduction, inhibited stomata1 conductance due to drainage pattern alteration) and providing specific management recommendations for amelioration. Further discussioh of monitoring may be found in Pavlik (1987) and Pavlik and Barbour (1988).

Rare plant monitoring has been discussed in general terms by Davy and Jefferies (1981), Williams (1981) and Huenneke et a_, (1986). It is clear that a large number of demographic, physiological, and genetic characteristics of populations could be chosen for assessing performance over long or short periods of time, depending on the biology of the taxon in question. Most managers with training in plant ecology recognize that life history traits, demographic attributes, physiological
performance, and genetic heterogeneity are important to plant conservation efforts, but they also need to know how these 36 EXHIBIT A

216
aspects of rare plant biology can be incorporated into monitoring programs and used to generate management decisions.

The relevant demographic attributes most readily
incorporated into a monitoring program for Cordvlanthus oalmatus include survivorship, seed production and seed germination.

These attributes are central to plant demographic studies in general and are especially applicable to rare plant monitoring (Butterwick 1987, Pavlik 1987, Taylor and Palmer 1987, Palmer et a_. 1987, Berg 1987). Although many other life history features could have seen selected, the need for management-oriented information was given highest priority. In addition, certain characteristics of _ oalmatus (e.g., its annual,
hemiparasitic, microspermous nature and apparent lack of native disease and predation vectors) suggested that some life history features (e.g., population age structure, seed bank dynamics) are of less importance for monitoring. Physiological monitoring (Pavlik 1987), involving measurements of plant water status and whole plant growth, would only be required if hydrological features near the site were altered by development or management.

Procedure:

The general design of demographic and physiological
monitoring is outlined below with respect to each of the stated objectives of the program. The detailed methods for the monitoring program are described in Appendix IV.

I. Documentation ofPoDulation Trends
The successful management of Cordvlanthus malmatus at the Springtown Alkali Sink will depend on the analysis of short-term (within a single year) and long-term (multi-year) trends in the population. Short-term trends, coupled with detailed
observations _n s_t_, can reveal the causes of plant mortality that restrict population growth. Long-term trends identify relationships between the population and variations in the environment (e.g., precipitation). This can allow managers to distinguish between natural and anthropogenic forces that act on the population and assess the effects of current management policy.

Two sites should be selected for monitoring. The
recommended sites "FCC Corner,' and "Livermore Central" are shown on Figure ii.0. These sites Were selected because: I) they are at the lower end of relatively undisturbed drainage systems; 2) they support substantial populations; and 3) they appear to be relatively inconspicuous and safe from accidental disruption or vandalism. The selected sites should be protected from livestock grazing and other forms of disturbance, but not by small enclosures. If controlled burning experiments are carried out, the long-termmonitoring sites should be used as control plots.

Detailed mapping of individual plants should be carried out twice in the first year of monitoring, once after germination and 37 EXHIBIT A

217
o 52_. . 27 _,,,',',,,,oNo_
• r___. ....
/i . " , f \
/ /
r f 5/_
"_ I, lllll
;', . ,' ...
.," -;_ :,.,.=....... • X "FCC Corner" X "'Liver'more .Cenl:ra'l" _' t ,, • .. ._ ....,,
If '_, \\ _1; -'_!; "" %. I I,i I
6r_
II \\ "' •
, ,,,, "1 ._,_
If '_ ' ""
tl \\ °""
il _,\
II • •",11 .,._\. _ .,,.
•'* _,] II I! Is
II \\ / I m :-----'\\
[I , , "_J'.'_. #.._ __= °.. Windmill ,.-...,_-_r-'----:" Figure11.0 Location of the "FCC Corner" and "Livermore Central" subpopulatlons of Cordylanthus palmatus at Sprlng_own
Alkali Sink.

EXHIBIT A

218
i early growth (late January or early February), and again in early summer. Additional ecological information (such as
microtopography, soil texture and chemistry, other vegetation, I etc.) could be overlayed onto these After the firstmaps. year, it may not be necessary to remap the sites for another two or three years.

In addition to population mapping at both sites, it is also important to follow the survival of individual plants within subplots on each site. Annual demographic monitoring should provide useful information on the short- and long-term
population trends of _ Dalmatus, and the timing and
causes of plant mortality. Such information is essential for designing mitigation for increases in mortality or decreases in fecundity.

II. Monitorina the Effects of Site Manaqemen%
When the management of the Springtown Alkali Sink requires significant modifications to the habitat of _
Dalmatus, it will be necessary to determine the effects of those modifications on the population. For example, if fire is going to be used to suppress the growth of non-native plants and promote the growth of natives, it will be necessary to determine how fire will effect _ nalmatu_ using a properly
controlled, replicated, small-scale experiment. Such an i experiment would be performed by designating control (non-burned)and experimental (burned) sites containing subpopulations of Dalmatus. These sites would be surveyed for
Dalmatus in order to document its distribution and
density prior to treatment. The cover and vigor of ether native and non-native plants at this time should be documented using standard vegetation sampling techniques. After treatment, a monitoring program similar to that described in Appendix IV would be put in place to see if the relevant population parameters (seedling density, survivorship at reproduction, fecundity, seed rain, seed quality) indicate a favorable effect of the treatment on _ Dalmatus.

If management or development, either on or off the site, involves hydrological modification, it may be necessary to physiologically monitor plants in the vicinity. Physiological monitoring has the advantage of detecting plant stress and identifying its cause before the onset of senescence or death (Pavlik 1987). In this case, the water relations and growth of control plants (in an adjacent, unmodified drainage) would be compared to the water relations of plants growing in the modified drainage.

III. Enhancement of Existina Population
Although the Springtown population of _ Dalmatus
was estimated to consist of I0,000 to 11,000 individuals in 1988, it will be necessary to promote population growth in disturbed areas of suitable habitat in order to optimize the chances for 38 EXHIBIT A

219
long-term survival of the plant. Observations made during demographic monitoring of undisturbed subpopulations should identify factors that limit growth. For example, data collected in 1988 suggest that density-dependent factors, such as intraspeoific competition among seedlings, result in high mortality (Figure 11.1). If so, artificial "seed dispersal" would serve to establish new subpopulations and reduce mortality within the parental subpopulation. Demographic monitoring of these new subpopulations would provide additional management information for both the natural and artificial populations at Springtown (Pavlik et el. 1988). The procedure for monitoring the new subpopulation would be the same as described above for monitoring at the control sites.

IV. Assessment of Hvdroloalc Trends
Maintaining a viable population of _ in the long
run requires maintaining favorable hydrologic conditions on the site. Monitoring of hydrologic variables should include: I) periodic measurement or photo-documentation of erosion hot-spots.

This would enable corrective action to be taken if erosion control measures proved to be ineffective. 2) Measurement of flood levels and extent of surface flooding. This should be done at surveyed cross-sections following major floods or rainfall periods. Such observations could helpevaluate the effectiveness of measures taken to restore surface runoff to portions of the site. 3) Monitoring of shallow groundwater levels. This could be done by installing piezometer tubes on transects at known elevations across the site, and periodically measuring the depth to water. The results would help determine the extent to which offsite developments have altered the shallow groundwater regime and duration of soil saturation.
39 EXHIBIT A

220
Cordylanthus palmatus
l _°
60 m
8 40 m m
==
=I 20 y = 59.16g- 0.204x R = 0.88
0 0 50 100 150
FEB SEEDLING DENSITY (#/0.25 m2)
Figure 11.1 An example of data from demographic monitoring of I Cordylanthus palmacus at Springtown, 1988. quadratswith lower seedling density experienced higher survivorship of adult (flowering) plants.

CJ
./

EXHIBIT A

221

12.0 Summary and Conclusions
Alkali sinks have long been viewed as wastelands, suitable at best for agricultural "reclamation" or suburban development and at worst for wastewater and refuse disposal. In recent years, however, they have come to be recognized for other values:
they provide important habitat for a unique assemblage of plants and wildlife, and have considerable scientific and educational value.

The Springtown Alkali Sink is a Federally regulated wetland and habitat for the State- and Federally-designated endangered CordvlanthuS oalmatus. The life cycle of the plant is intimately connected to the annual cycle of seasonal flooding, dilution of surface salinity, and subsequent dessication. In order to maintain a viable population of the plant and to enhance the I existing and potential values of the site, it will be necessaryto:

1. Prohibit future development in areas currently or
potentially occupied by Cordvlanthus, and in buffer
zone areas.

2. Maintain a hydrologic regime on the site that permits annual flooding and maintains the saline-alkali nature
of the soils. This will require some protection of
watershed lands that drain into the Sink.

3. Eliminate intrusion by offroad vehicles.

4. Repair existing damage from gully erosion at some
spots, and restore seasonal ponding and high water
table_

5. Remove cattle and initiate burning experiments on the site.

6. Develop and implement a long-term plan for monitoring and maintenance.

Protection and enhancement of the alkali sink ecosystem do not preclude all development on lands that drain into the sink.

They do require, however, that any development include site- specific mitigation measures that will prevent off-site ' hydrologic impacts.

With careful management, the degraded and damaged areas of the alkali sink wetland will gradually recover their former diversity and productivity. Wildlife use will increase, and spring wildflower displays will be enhanced.

The alkali sink habitat at Springt0wn that supports
Cordvlanthus Dalmatus is a unique environment that offers great opportunities for educational and interpretive programs, 40 EXHIBIT A

222
scientific research, and some kinds of outdoor recreation. With proper planning and maintenance, the alkali sink ecosystem can become a valuable asset to the community.
41 EXHIBIT A

223

REFERENCES
Anon. No date. Proposed rule to determine the palmate-bracted bird's-beak (Cordvlanthus Dalmatus) to be an endangered species and designate critical habitat. U. S. Fish and
Wildlife Service.

Barbour, M.G. and A. Johnson. 1977. Beach and dune. In:

Barbour, M. G. and J. Major (eds.) Terrestrial Veqet_ion of California. New York, Wilsy-Interscience. 1002 p.

Barbour, M.G. and F. Vasek• 1977. MoJave desert scrub
vegetation. In: Barbour, M.G. and J. Major (eds.).

Terrestrial Veaetation of California. New York, Wiley-
Interscience. 1002 p.

Berg, K. 1987. Population dynamics of Ervslmum menziesii, a facultative biennial mustard. In: Elias, T. (ed.)
Conservation and Manaaement of Rare and Endanuered Plants.

Proceedings from a Conference of the California Native Plant Society. California Native Plant Society, Sacramento, CA. 630 pp.

Bittman, R. NO date. South Pacific Border Region:
classification of valley grasslands. Unpubl. 12 pp.
1983. Element preservation plan for
malmatus. The Nature Conservancy. Unpubl. 7 pp.
• 1985. Classification of biotic thems. National
Natural Landmarks Program. South Pacific Border Region.

The Nature Conservancy. Unpubl. pp. 26-31, 43-47.
1985. National Natural Landmark Evaluation.

Phases I, If, and Ill. California Department of Fish and Game, Natural Diversity Data Base, Natural Heritage Section.

Sacramento, CA.

Bradford, K.J. and T.C. Hsaio. 1982. Physiological responses to moderate water stress. In: O.L. Lange et el. (eds.).

EncvloWe_la o_ plant Phvs_oqT, New Series 12B,
Physiological Plant Ecology II. Berlin, Springer-Verlag.

Brown, H. 1979. Threatened and endangered wildlife:

Recreational and aesthetic values. In: Strategies for
protection and management of floodplain wetlands and other riparian ecosystems. General Technical Report WO-12,
U.S.D.A. Forest Service, Washington, D.C. 410 pp.

Burk, J.H. 1977. Sonoran desert vegetation. In: M.G. Barbour and J. Major, eds., _er/estrial veaetation of California.

New York, John Wiley & Sons, pp. 869-892.
42 •

EXHIBIT A

224
Butterwick, M. 1987. Bureau of Land Management's efforts to conserve Pediocactus DeebleslaDus var. Deebleianus
(Cactaceae). In: Elias, T. (ed.) Conservation and
Manaaement of Rare and Endanaered Plant_. Proceedings from a Conference of the California Native Plant Society.

Sacramento. California Native Plant Society• 630 pp.

California Department of Fish and Game, Endangered Plant Project.

No date. California native plant status report.

CoTdvlanthus Dalmatqs. Prepared by T. L. Ashman. Unpubl. 4 PP.
• Environmental Services Division• The status of
) wetland habitat and its protection, enhancement, and
expansion. Unpubl. 19pp.

Cheatham, N.H. and J.R. Haller. 1975. An annotated list of I California habitat types. University of California NaturalLand and Water Reserves System. Unpubl. 80 pp.

I Chuang, T.I. and L.R. Heckard. 1971. Observations on rootparasitism in _ (Scrophulariaceas). Amer. J.Bot. 58: 218-228• • 1972. Seed coat morphology in
( s e) and its taxonomic significance. Amer. J.

Bot. 59: 258-265.

Hemistea_i 1973. Taxonomy of Cordvlanthus subgenus( o ce s). Brittonia 25: 135-158.

Cochrane, S. 1983. Field survey form. Cordvlanthus mollis ssp. hisDidus. California Department of Fish and Game. Unpubl. 2 pp.

Cox, G.W. 1984. The distribution and origin of Mima Mound Grasslands in San Diego County, California. Ecology 65(5):1397-1405.

Crampton, B. 1959. The grass genera Orcuttia and___=_%_: a study in habitat and morphological specialization. Madrono:
15: 97-110.
• 1974. Field survey form. Cordvlanthus malmatus.

California Department of Fish and Game. Unpubl. 1 p.
• 1979. Contributions to the flora of the
Sacramento Valley -I. Publ. 1 of the Herbarium, Dept. of , Agronomy and Range Science. University of California, Davis• Unpubl. 6 pp.

I survey form. cordvlanthus mo_ ssp.Dains, V. 1986. Field _. California Department of Fish and Game. Unpubl.
2 pp.
.!
I 43F
J

EXHIBIT A

225
Davy, A.J. and R.L. Jefferies. 1981. Approaches to the
monitoring of rare plant populations. In: Synge, H. (ed.) The Biclouical Aspects of Rare Plant Conservation. London, John Wiley and Sons. Chap. 18.

Dennis, N. 1984. Status and trends of California wetlands.

California Assembly report, Subcommittee on Status and
Trends. Joint Publications office. Sacramento, CA.

Ferris, R.S. 1918. Taxonomy and distribution of Adenosteq_.

Bull. Torrey Bot. Club 45: 399-423.

Haines, B.L. and E.L. Dunn. 1985. Coastal marshes. In:

Chabot, B.F. and H.A. Mooney (eds.). Phvsioloq_cal _0_o_7 of North American Plant Communities. London, Chapman and Ball. 351 p.

Harradine, F.F. 1948. Soils of Colusa County. University of California, Berkeley, Agricultural Experiment Station.
1950. Soils of western Fresno County, California.

University of California, Berkeley, Agricultural Experiment Station.

Heady, H.F. 1977. Valley grassland In: M.G.

Barbour and J. Major, eds., _errestri_l veaeta_on of
_. New York, John Wiley & Sons, pp. 491-514.

Herd, D.G. 1977. Geologic map of the Las Positas, Greenville, and Verona faults% Eastern Alameda County, California. U.S.

Geological Survey Open-File Report 77-689, 25 pp.

Hitchcock, A.S. 1950. Manual of the grasses of the United States. U.S. Department of Agriculture Misc. Pub1. No. 200.

Holland, R.F. 1986. Preliminary descriptions of the terrestrial natural communities of California. California Department of Fish andGame. Non-Game Heritage Program. Sacramento, CA. 156 pp.

Holland, R.F. and S.K. Jain. 1977. Vernal pools. In: M.G.

Barbour and J. Major, eds., Terrestrial vegetation of
California. New York, John Wiley & Sons, pp. 515-536.

Huenneke, L.F., K. Holsinger and M.E. Palmer. 1986. Plant population biology and the management of viable plant
populations. In: Wilcox, B.A., P.F. Brussard and B.G.

Marlot (eds.) Management of Viable Pomulations: Theory.

APplications and Case Studies. Center for Conservation
Biology, Stanford University Press, pp. 189-185.
44 EXHIBIT A

226
Jahn, L.R. 1979. Values of riparian habitats to natural ecosystems. In: Strategies for protection and management of floodplain wetlands and other riparian ecosystems. General Technical Report wo-12, U.S.D.A. Forest Service, Washington, D.C. 410 pp.

Jokerst, J. 1986. Field survey form. _ordvlanthus mollis ssp. hismidus. California Department of Fish and Game. Unpubl. 2 pp.

Knight, M.J. 1980. Structural analysis and mechanical origins of Gilgai at Boorook, Victoria, Australia. Geoderma 23:
2c/5-2 83.

MacDonald, K.B. 1977. Coastal salt marsh. In: Barbour, M.G. and J. Major (eds.). Terrestrial Vegetation of California.

Wiley Interscience, N.Y.

MacDonald, R. 1977. Coastal salt marsh. In: Barbour, M.G. and J. Major (eds.). Terrestrial Vecetation of Cal_ornla. New York, Wiley-Interscience. 1002 p.

Mason, H.L. 1969. A flora of the marshes of California.

University of California Press, Berkeley.

McBride, J.F. 1919. Reclassified or new spermatophytes - chiefly North American. Contr. Gray Herbarium 59: 28-39.

Munz, P.A. 1958. california miscellany IV. Aliso 4: 87-100. • 1968. A California flora and supplement.

University of Callfcrnia Press, Berkeley.

Nature Conservancy. 1987. Sliding towards extinction. The State of California's natural heritage• Prepared by Jones & Stokes Associates.

Oates, G.W. et al. 1982. Garaventa, Barnett-Range, Anden mitigation planning, phase I. Prepared for the City of
Livermore by ESA/Madrone Environmental Consultants. Unpubl. 25pp.

Palmer, M.E. 1987. A critical look at rare plant monitoring in the United States. Biological Conservation 39, 113-127.

Palmer, R., R. Vanbianchi, L. Schofield and S. Nugent. 1987.

Ecology and Distribution of Poa marcida _itchc. in
northwestern Oregon. In: Elias, T. (ed.) Conservation and Management of Rare and Endangered Plants. Proceedings from a Conference of the California Native Plant Society.
•Sacramento, CA. California Native Plant Society. 630 pp. 45 EXHIBIT A

227
Pavlik, B.M. 1984• Seasonal changes of osmotic pressure, symplasmic water content and tissue elasticity in the blades of dune grasses growing in s_t_ along the coast of Oregon.

Plant, Cell and Environment 7, 531-539.

Pavlik, B.M. 1987. Attributes of plant populations and their management implications• In: Elias, T. (ed.) Conservation and Manaaement of Rare and Endanqe_e_ Pl_Dts. Proceedings from a Conference of the California Native Plant Society.

Sacramento, CA. California Native plant Society. 630 pp.

Pavlik, B.M. and M.G. Barbcur. 1985. Demography of endemic psammophytes, Eureka Valley, California I: Seed production, dispersal and herbivory. State of California, Department of Fish and Game, Office of Endangered Species, Sacramento, California. 77 p.

Pavlik, B.M. and M.G. Barbour. 1986. Demography of endemic psammophytes, Eureka Valley, California II: Survivorship, seed bank dynamics and frequency of establishment. State of California, Department of Fish and Game, Office of
Endangered Species, Sacramento, California. 87 p.

Pavlik, B.M. and M.G. Barbour. 1988. Demographic monitoring of sand dune endemice, Eureka Valley, California. Biological Conservation (in press).

Pavlik, B.M., N. Ferguson, E. Manning and M.G. Barbour. 1988.

Demographic studies of endemic plantsat the Antioch Dunes National Wildlife Refuge, I: Seed production and
germination. State of California, Department of Fish and Game, Endangered Plant Project, Sacramento, CA. 44 p.

Pennell, F.W. 1947. Some hitherto undescribed o c e
of the Pacific states• Proc. Acad. Nat. sciences,
Philadelphia 99: 155-199.

Piehl, M.A. 1966. The root parasitism of Cordvlanthus and some of its ecological implications. Amer. J. Bot. 53:622.

Rantz, S.E. 1971. Suggested criteria for hydrologic design of storm-drainage facilities in the San Francisco Bay Region, California. U.S. Geol. Surv. Open-File Report. Menlo Park, CA.

Showers, M.A. 1983. Field survey form. Cordvlanthus malmatus.

California Department of Fish and Game. Unpubl. 2 pp.
• 1984. Field survey form. _ malmatus.

California Department of Fish and Game. Unpubl. 1 p.
• 1985. Field survey form. Cordvlanthus palmat_s.

California Department of Fish and Game. Unpubl. 1 p.
46 EXHIBIT A
228
• 1986. Field su_r_.eyform. _ _.

California Department of Fish and Game. Unpubl. 2 pp.

Ca . 1987. Field survey form. _ m_.lifornia Department of Fish and Game. Unpubl. 1 p. • 1988. Field survey form. _ Q_.

California Department of Fish and Game. Unpubl. 2 pp.

Showers, M.A. and M. Knudsen. 1987. Field survey form.

C--O_ Dalmatus. California Department of Fish and
Game. Unpubl. 1 pp.

Soil Conservation Service. 1940. Soil survey of the Mendota area, California.
1962. Soil survey of the Merced area, California•
California_ 1964. Soil survey of the eastern Stanislaus area, 1966. Soil survey of theAlameda area, California.
• 1971. Soil survey of the eastern Fresno area,California• . 1972. Soil survey of Yolo County, California.
• 1977. Soil survey of Contra Costa County,California.

State of California. 1974. Evaluation of ground water
resources:Livermore and Sunol Valleys• Department of Water Resources Bulletin No. 118-2, 153 pp.

Stebbins, J. 1988. Field survey form. Cordvlanthu_ Dalmatus.

California Department of Fish and Game. Unpubl. 2 pp.

Stone, R.D. 1987. Field survey form. _ Dalmatus.

California Department of Fish and Game. Unpubl. 6 pp.

Taylor, D.W. 1986. Field survey form. _ Dalmatus.

California Department of Fish and Game. Unpubl. 2 pp.

Taylor, D. Wm. and R.E. Palmer. 1987. Ecology and endangerment statue of Silene invisa populations in the central Sierra Nevada, California. In: Elias, T. (ed.) Conservation and Management of Rare and Endangered Plants. Proceedings from a Conference of the California Native Plant Society.

California Native Plant Society, Sacramento, CA. 630 pp.

Thorne, R.F. No date. Plant communities of southern California deserts• Bull. Southern Calif. Acad. Sciences, Occidental College, Los Angeles. In press.
47 EXHIBIT A

229
• 1976. Plant communities of southern California.

California Native Plant Society Spec. Bull.

Twissslmann, E.C. 1967. A flora of Kern County, California.

Wasmann J. Biol. 25: 1-395.

U.S. Department of Agriculture. 1966. Soil Survey, Alameda Area, California, Soil Conservation Service with California AgriculturalExperiment Station.

U.S. Fish and Wildlife Service (U.S.F.W.S.). 1986. Endangered and threatened wildlife and plants; determination of
Endangered status for Cordvlanthus Dalmatus (palmate-bracted bird's beak)• Federal Register, vol. 51, no. 126: 23765- 23769•
• 1979. Concept plan for wintering waterfowl
habitat preservation. Office of Biological Services.

Portland, OR.
• 1970. National estuary study. Vols. 1-7.

Department of the Interior, Washington, D.C.

Vasek, F.C. and M.G. Barbour. 1977. MoJave desert scrub vegetation. In: M.G. Barbour and J. Major, eds.,
Terrestrial vegetation of California. New York, John Wiley & Sons, pp. 835-868.

Waananen, A.O. and J.R. Crippen. 1977. Magnitude and Frequency of floods in California. U.S. Geol. Surv. Water Resources Investigations 77-21. 93pp.
• Warner, R.E. and K.M. Hendrix. 1985. Riparian resources of the central valley and California desert. California Department of Fish and Game. Unptlbl. 253 pp + appendices.

Weir, W.W. 1952. Soils of San Joaquin County, California• University of California, Berkeley, Agricultural Experiment Station.
1956. Soils of Madera County, California. Soll
survey No. 12. University of California, Berkeley,
Agricultural Station•
Williams, O.B. 1981. Monitoring changes in populations of desert plants. In: Synge, H. (ed.) The B_oloaical Aspects of Rare Plant Conservation. London, John Wiley and Sons.

Chap. 19.

York, R. and M.A. Showers. 1982. Fieid survey form.

Cordvlanthus _almatus. California Department of Fish and Game. Unpubl. 2 pp.
48 EXHIBIT A

230
Zander, M. 1982. Garaventa, Barnett Range, Anden mitigation planning, Phase I. Prepared for the City of Livermore by ESA/Madrone Environmental Consultants. Unpubl. 26 pp.

Zedler, P.H. 1987. The ecology of Southern California vernal pools: A community profile. Nat. Wetlands Res. Cent. U.S.

Fish and Wildlife Service Biol. Rep. 85 (7.11). Washington, D.C. 136 pp.

Zentner, J. 1982. Development of regional wetland restoration goals: Coastal wetlands. In: M. Josselyn (ed.). Wetland Restoration and Enhancement in California. SeaGrant at the University of California. La Jolla, CA.
49 EXHIBIT A

231

APPENDIX I
MORPHOLOGY OF CORDYLANT_hq/S PALMATU_
AND C. MO_LIS SSP. HISPIDUS
Cordvlanthus palmat_s has been placed in the subgenus
Hemistea_, which is characterized by oblong to oval leaves, an elongated flower spike, and the association of one bract with each flower. (Chuang and Heckard, 1971). Cordvlanthus malmatus was described in 1918 as Adenosteaia Dalmat_ (Ferris 1918). This species is a low, highly branched herbaceous annual, 10-30 cm high. It is hirsute throughout with short hairs. Leaves are pale green, 8-18 mm long, and are usually irregularly-toothed, although the lower leaves can be entire. The flower spike is 5- 15 cm 10ng, dense and erect. The flower bracts are 12-18 mm long, pale lavender, and deeply divided with 2-3 pairs of lobes, the middle division exceeding the others (hence "palmate" ). The corolla, consisting of a tube and pouch-like apex, is 12-16 mm long, finely hairy, lavender at the apex and with fine purple striations on the lower lip. The calyx bract is 11-15 mm long, entire or bidentate. Pollen-hearing stamens, 2. The seed capsule is 6-7 mm long, with 14-18 minute brownish seeds. Seeds are 2.5-3 mm long. The seed coat is irregularly crested, with distinct arching crests on the dorsal sides of the seeds.

Cordvlanth_ malmatus possesses glands that enable the
plants to excrete salts. Although young plants are obviously green, mature plants appear pale green to whitish, having become encrusted with salt crystals. Members of the genus
are hemiparasitic on roots of other plants (Chuang and Heckard 1973). Hemiparasitism refers to the ability of photosynthetic plants to obtain additional nutrients from host plants through specialized root structures oalled haustoria. It is believed that hemiparasitism enables species of Cordvlanthus to thrive at a time when other annual plants have ceased to grow (Piehl 1966). _;__mollis ssp. hisDidus (hispid bird's-beak), also
a rare plant, occurs with _ Dalmatus at the Livermore
site. Taxonomically, hispid bird's-beak is closely relatedto C. oalmatus. Both species are in the subgenus _. The
primary distinguishing features of the two species are the type of hairs on the plants, the length of the hairs, and the characteristics of the seed coats. Morphological features of these two species are given in the following table.
1 EXHIBIT A

232
Morpho_oaical features Cordvlanthus Dalmatus Cordvlanthus mollis ssD. hismidus
Stature, habit 10-30 cm tall, with 10-30 cm tall; branched several stems from near base and up-
ascending from base wards.
or above.

Type of hairs Short, dense (to Long, bristly, with some hairless); hairs short and gland-tipped;
gland-tipped; the the longest hairs longer
longest hairs less than 1 mm.
than 1 mm.

Lower leaves Entire Entire
Upper leaves 1-2 pairs of lobes 1-2 pairs of lobes
Flower bract Oval-shaped with 2-3 Lance-shaped with 2-3 pairs of lobes pairs of lobes
Flowers Pale lavender with White to yellowish with
downward-curving spreading hairs on back
(retrorse) hairs on and flower pouch
back
Flower relationship Equaling or longer Equaling or shorter than to flower bract than bract bract
Seeds Deeply reticulate with Reticulate without dorsal
prominent, undulating crests on ridges
crests on ridges
Hispid bird's-beak occurs with salt grass, and occasionally with pickleweed, on saline flats from the Sacramento-San Joaquin delta southward. There is some evidence that hispid bird's-beak and Co;_71anthus Dalmatus may occur on different types of soils, with hispid bird's-beak on saline soils and Cordvlanthus Dalmatus on saline-alkaiine soils (Chuang and Heckard 1973). Jokerst (1986) reported hispid bird's-beak at the Livermore site as occurring along the upper edge of the iodine bush (scrub) near and in the ecotone with the adjacent annual grassland. At the

EXHIBIT A

233
" .,/ ,,---
0 I 2cm
I
AI.0 FlowerDetail ofCordylanthus palmatus(below)and
andC. molllsssp.hispidus (above)

EXHIBIT A

234
Livermore site, obvious changes in vegetation type correlate withchanges in soil type. _I Hispid bird's-beak was first reported at the Livermore site during July, 1983 (Cochrane 1983). SUbsequent records are by Jokeret in June, 1986 and by Dains in August, 1986. No
individuals of hispid bird's-beak were observed during the course I of the current for Cordvlanthus Dalmatus.survey
3 EXHIBIT A

235

APPENDIX II

PARTIAL LIST OF SPECIES

SPRINGTOWN ALKALI SINK

AMARYLLIDACEAE
Brodiaea ¢oronaria Harvest brodiaea
Dichelostemma pulohella Blue dicks

APIACEAE
Eryngium aristulatum Coyote thistle

ASTERACEAE
Aohyraechaena mollis Blow wives
Blennosperma nanum Blennosperma
Cotula coronopifolia Brass buttons
H. pungens Spikeweed
Holocarpha obconica Tarplant
Iva axillaris Poverty weed
Lactuca sericea Wire lettuce
Lasthenia chrysantha ssp. gracilis Goldfields
L. chrysostoma Goldfields
L. ferrisiae Goldfields
L- glaberrima Goldfields
Matricaria matricarioides Pineapple weed
Psilocarphus brevissimus Wooly marbles
Senecio vulgate Common groundsel

BORAGINACEAE
Amsinckia intermedia Fiddleneck
Plaglobothrys leptooladus Popcorn flower

CAMPANULACEAE
Downingia cuspidata Downingia
D. pulchslla Downingia

CARYOPHYLTACEAE
Spergularia macrotheca var. longistyla Spurry
1 EXHIBIT A

236
i CHENOPODIACEAE
Allenrolfea occidentalis Iodine bush
Atriplex cordulata SaltbushA. fruticulosa Saltbush
A. rosea Saltbush
Salicornia subterminalis Pickleweed
I Suaeda moquinii Seepweed

CONVOLVULACEAE
I Cressa truxillensis vat. vallicola Alkali weed
1 CUSCUTACEAE
Cuscuta californica Dodder
1 CYPERACEAE
I
I Carex sp. Sedge

J EUPHORBIACEAEJ
Eremocarpus setigerus Turkey mullein
I,J

FABACEAE
Lotus subpinnatus Lotus
Lupinus nanus Lupine
Melilotus indicus Sweet clover
Trifolium depauperatum Clover
T. microdon Clover

I FRANKENIACEAE
(
I Frankenia grandifolia vat. campestris Alkali heath

GERANIACEAE
Erodium cicutarium Filaree
I
i LAMIACEAE
Trichostemma lanceolatum Vinegar weed

LYTHRACEAE
2 EXHIBIT A

237
Lythrum sp. Lythrum

PLANTAGINIACEAE
Plantago hookeri vat. californica Plaintain

POACEAE
Alopecurus howellii Alopecurus
Avena fatua Wild oat
Bromus diandrus Ripgut
B. mollis Soft chess
Deschampsia danthoniodes Hair grass
Distichlis spicata ssp. etricta Salt grass
Elymus triticoides Creeping wild-rye
Hordeum geniculatum Mediterranean barley
Lolium multiflorum Ryegrass
Monerma cylindrica Monerma
Pleuropogon californicus Pleuropogon
Poa annua Annual bluegrass
Polypogon monspeliensis Rabbit's-foot grass
Puccinellia nuttalliana Nuttall's alkali
grass
Puccinellia simplex California alkali
grass
Sporobolus sp. Sacaton
Vulpia dertonensis Annual fescue

POLEMONIACEAE
Linanthus liniflorus Linanthus
Linanthus sp. Linanthus

RANUNCULACEAE
Myosurus minimus ssp. apus vat. Mousetail
sessiliflorus

SCROPHULARIACEAE
Cordylanthus mollis ssp. hispidus Hispid bird's beak
C. palmatus Palmate-bracted
bird's beak
Orthocarpus sp. Owl's clover

TYPHACEAE
Typha domingensis Cattail
3 EXHIBIT A

238
APPENDIX III:

SALINE-SODIC SOILS AND

ALKALI SINK SCRUB VEGETATION IN CALIFORNIA
_ nalmat_s is restricted to relatively
undisturbed, seasonally-flooded, saline-alkali soils in lowland plains and basins of the Central Valley of California. These lowland plains and basins are remnants of once-extensive wetlands that occurred historically in the Central Valley.
palmatu_ is associated primarily with valley sink scrub vegetation.

Prior to European settlement, the surface hydrology of the Central Valley consisted of numerous seasonal and permanent streams draining into the central trough of the valley. The onset of winter rains and spring snowmelt produced two annual pulses of water into the lowlands. The pulses resulted in lowlands being seasonally flooded and created large expanses of floodplain interspersed with sloughs, ponds, and seasonal lakes.

The duration of these seasonal floods varied, based on the periodicity and magnitude of storms and depth of snowpack.

Before extensive artificial levee construction and water diversionduring the 1800s, these "swamp and overflow lands" and the wetlands they supported covered more than three million acres. It is estimated that 1.5 million acres were aquatic wetlands, including rule marsh, while 1.6 million acres were riparian forests (Warner and Hendrix 1985).

In the Sacramento Valley, streams from the surrounding
foothills and mountains proliferated into a system of
distributary channels that drained into the natural flood basins or "sinks". During peak flows, theflood basins were filled by sediment-laden waters. Natural levees prevented some inflowing water from reaching the Sacramento River, creating "sinks". The sinks supported tule marsh and alkaline wetlands surrounded by riparian woodlands and forests.

Numerous rivers from the Sierra Nevada flowed into the San Joaquin Valley, which can be divided into two distinct hydrologic basins: the Tulare Basin and the San Joaquin Basin. The San Joaquin River drains the San Joaquin Basin. The Tulare Basin has no perennial surface outlet, but, when it becomes filled, drains into the San Joaquin Basin. The Tulare Basin formed at the southern end of the San JoaquinValley by the coalescing alluvial fans of the Kings River and Los Gatos Creek. Runoff water was captured in this basin, creating large, shallow, seasonal lakes:

Tulare, Buena Vista, Kern, and Goose Lakes. As the lakes exceeded storage capacity, they overtopped the alluvial fans and flowed into the San Joaquin River via Fresno Slough. The lakes were interconnected by sloughs, and their basins supported extensive wetlands. Except in the northern San Joaquin Valley, streams and rivers did not usually produce the natural levees 1 EXHIBIT A

239
characteristic of Sacramento Valley watercourses, because lower peak flows limited the ability of San Joaquin Valley streams to transport sediment. For example, the southern San Joaquin River did not develop an extensive levee system although some levee formation occurred when it reached the valley floor. Without natural levees to contain its flows, the San Joaquin River flowed overland and large freshwater marshes formed. Levees did develop at its confluence with the Merced River, a sediment-bearing stream (Warner and Hendrix 1985).

Valley sink scrub is the natural vegetation type of valley bottoms and playas in the San Joaquin Valley and Carrizo Plain at elevations below 300 feet (Bittman 1985). Historically, this vegetation type surrounded Kern, Buena Vista, Tulare, and Goose Lakes in the San Joaquin Valley, as well as valley basins north along the trough of the San Joaquin Valley through Merced County to the "gooselands" of Solano and Glenn Counties (Holland 1988).

In the San Joaquin Valley, valley sink scrub once covered more than 260,000 acres from Buena Vista Lake to Merced County; today, less than twenty percent remains (Bittman 1986). A depauperate, that is, less complex, form of the vegetation type occurs in Yolo and Colusa Counties. This more northern extension of valley sink scrub has also been referred to as alkali meadow or alkali grassland by Holland (1988).

Valley sink scrub is best developed in highly alkaline soils where there is a gradual slope extending up and away from a lake or basin lacking external drainage. It is the first dryland association found upslope from marshes and lakes, and localized distribution is dependent on so11 salinity and alkalinity, duration of seasonal inundation, miorotopographic relief, and depth to the water table (Bittman 1985).

Valley sink scrub is a complex mosaic having an open to relatively dense shrub cover. Cover can vary from site to site, as well as seasonally. An understory of annual wildflowers and grasses may be present between the shrubs. When the natural topography consists of low hillocks alternating with alkali flats and bare ground, a variety of annual wildflowers adapted to differences in soil texture, salinity/alkalinity, and soil moisture produce spectacular floral displays with adequate rainfall. These wildflowers include species of popcornflower, goldfields, pepperweed, downingia, milkvetch, and owl's clover.

Bare soil, often entrusted with salts and organic films, is also common between shrubs.

Tw o major sub-types of vegetation comprise valley sink scrub. One, dominated by iodine bush, occurs in low, heavily saline/alkaline areas that are wet in winter; the other, dominated by seepweed, occurs in less alkaline soils at slightly higher elevations and intergrades with areas of iodine bush (Bittman 1985). _ Dalmat_ is associated with iodine
bush-dominated valley sink scrub at Livermore and at the Mendota Wildlife Management Area. A third sub-type, the alkali
"grassland" has also developed in poorly-drained alkaline soils

EXHIBIT A

240
subject to overland winter flooding. It is thought that alkali grassland occurs on slightly higher ground within sinks where the duration of inundation is shorter (Bittman 1985). This subtype is characterized by scattered shrubs of seepweed, pickleweed, and alkali heath, and suffrutescent annuals such as spikeweed and low seepweed (Suaeda demressa vat. erecta), interspersed with stands of annual and perennial grasses. Native grass species include salt grass, Nuttall alkali grass, California alkali grass, hair grass, and alkali sacaton. Non-native grasses such as foxtail (Hordeum ssp.), red brome (Bromus rubens), and rye grass (Lollum _) are also common. The alkali grassland subtype
occurs in Colusa and Yolo Counties at the two northern
populations of Cordvlanthus malmatus.

Valley sink scrub evolved on basin soils. The parent
material is sedimentary rock of recent geologic origin, consisting primarily of clay and silt settled out of flood waters. Originally poorly-drained, basin soils are mottled with a gleyed or olive subsoil. In northern California, many large flood basins occur west of the Sacramento River. Several smaller basins occur in shallow depressions in alluvial plains or where drainage has been blocked, as in the Springtown Alkali Sink. The Colusa Basin to the north and the ¥olo Basin, which extends from east of Woodland south to the Solano County line, are two somewhat larger basins. These two basins are separated by a ridge formed by Cache Creek. Historically, when the Sacramento River and its tributaries overflowed, they filled the low-lying basins; as flood waters subsided, they drained slowly back into the main tributaries. Artificial levees now prevent flooding and the natural basins have largely been diked to form channels, called bypasses, to carry f_ood waters. Prior to "reclamation", portions Of the basins were wetlands supporting rule marsh.

Other areas, where salt concentrations were higher, supported alkali grasslands and halophytic shrub communities.

Soils in the Colusa and ¥olo Basins derived from soft
sedimentary shales and sandstones containing large quantities of soluble salts. The Colusa Basin, subject to annual winter flooding by slow moving waters from the north, has a high water table. The high rate of evaporation during the summer causes some salts to accumulate in the upper soil horizons and to remain there as long as imperfect subsoil drainage exists.

Five soil series are associated with the basin in Colusa County: Grimes, Marvin, Mormon, Sacramento, and Willows. All are dark-colored, fine-textured, poorly-drained, and have lime in the profile. Willows and Marvin soils encompass the largest • acreage. Willows soils occupy the lowest and most poorly drained central basin. They are characterized by a dense clay subsoil and moderate to strong concentrations of alkali salts. Surface and subsurface drainage is poor. Annual floodwaters are removed by evaporation, or, in agricultural situations, by pumping.

Marvin soils are transitional between the lowest basin and older, imperfectly drained portions of the floodplain of the Sacramento River. A perched water table is associated with Marvin soils. 3 EXHIBIT A

241
Alkalinity is variable in Mormon, Grimes, and Sacramento soils and is associated with basin position and evaporation from the water table (Harradine 1948).

In ¥olo County, Capay, Marvin, Pescadero, and Willows soils occur in basins and on basin rims. Of these soils, Pescadero and Willows soils have a high sodium content, possibly related to a combination of ground water, organic matter content in the upper soil profile, and anerobic conditions. Exchangeable sodium percentage in saline Pescadero soils is greater than 20 percent (Soil Conservation Service 1972). Cordvlanthus Dalmat_ occurs on Willows soils in Colusa and ¥olo Counties, as well as on Pescadero soils in Yolo County.

As in the Sacramento Valley, the central San Joaquin Valley is characterized by large flood basins. Under natural
conditions, the trough of the San Joaquin Valley was flooded seasonally and supported extensive wetlands. The floodplain was (and is) traversed by the meandering channel of the Fresno Slough, an intermittent tributary of the Kings River that Joins the San Joaquin River near Mendota. Many other drainageways also traversed the floodplain. Present-day stream control, flood protection, reclamation, and deep pumping have lowered the water table and permanently altered historic overland flows.

Two soil associations occur in basin areas in Alameda
County. The Clear Lake-Sunnyvale Association occurs in basins and on low terraces east of Dublin and southwest of Sunol and Pleasanton. The Clear Lake, Sunnyvale, and Pescadero soils in this association formed under poor drainage. Clear Lake and Sunnyvale soils are mildly alkaline while Pescadero soils are highly alkaline in character. The Pescadero series, consisting of imperfectly drained saline-alkali soils north of Livermore, occurs on nearly level basin rims and along the lower edge of terraces. It has "hogwallowed" microrelief. The Rincon-San Ysidro Association is characterized by nearly level to gently sloping fans and floodplains, with small areas of hummocky relief. Although Rincon and San ¥sidro soils are the principal soils in this association, S01ano soils make up a small percentage. These soils formed in alluvium weathered from sedimentary rock and have a loamy texure. Of the soils in the Rincon-San ¥sidro Association, soils in the Solano series are shallow, poorly-drained, and saline-alkaline; they have a "hogwallow" microrelief. Both Pescadero and Solano soils support _ Dalmatus in the Livermore area.

Soils of the basin rim in Fresno and Madera Counties occupy a broad, irregular area bordering the lower part of the alluvial fans of the Kings and San Joaquin Rivers. Run-off is slow, and, in places, the water becomes impounded in small depressions or playas. Rim soils are usually situated in elevation above those inundated on the basin floor, although the water table can rise to near the surface. The rise in the water table has facilitated the accumulation of solutes through capillary action and 4 EXHIBIT A

242
evaporation. As a result, many basin and rim soils have a pronounced saline-alkali character.

In the Mendota area, located in the northwestern part of Fresno County, the parent material consists almost exclusively of fine-textured calcareous alluvium derived from weakly-
consolidated calcareous sandstones and shales. Soils are fine- textured and characterized by moderate to strong concentrations of alkali and a high concentration of gypsum. Surface run-off is slow, however, and salts have accumulated due to the salinity of flood waters. Eight soil series, containing strongly alkaline soils, are associated from the basin in the Mendota area:

Lethent, Levis, Merced, Oxalis, Roddi, Traver, Waukena, and Willows. With the exception of the Willow series, the basin soils do not have a high water table (Harradine 1940).

Cordvlanthus malmatus occurs on Waukena soils at the Mendota Wildlife Management Area. The Waukena soils formed in broad, flat, saline-alkaline basin areas where the water table is high and surface run-off is slow. Mound microrelief occurs in some areas, as does hardpan.
5 EXHIBIT A

243
I APPENDIX IV:

MONITORING METHODS IN DETAIL
A. Site selection and preparation
I i. Two undisturbed sites harboring subpopulations of
Cordvlanthus Da1_tq_ should be selected using the maps
I compiled for this report. Recommended are the "FCCcorner" and "Livermore Central" sites (Figure i) because;
a. both lie at the lower end of an intact, existing
drainage system and probably support naturally-
occurring, self-sustaining and, therefore,
I ecologically representative subpopulations.
b. each supported at least 300 reproductive
individuals in 1987, thus allowing for statistical
analysis of patterns in the data.
c. their topographically featureless nature and
distance from existing trails and recreation sites
will minimize the probability of vandalism or
accidental disruption of the study.

2. These sites need to be protected from all non-native grazing and other forms of disturbance for the
following reasons:
a, Grazing represents a direct source of mortality
that is incompatable with the goals of endangered
plant management.
b. Grazing could indirectly impact Cordvlanthus
i Dalmatus by reducing the vigor of its potential! hosts (e.g. Frankenia arandiflora, sDicata).

I c. Grazing would disturb monitoring by destroying
plants, markers, soil surface characteristics and
other essential features of the program.
(

3. Fencing the sites is not a recommended method of
excluding grazing and disturbance because the
exolosures would:

Y
a. introduce another form of disturbance to the
subpopulations and their habitat.
)
b. attract the attention of vandals.
1 EXHIBIT A

244
c. inhibit natural sources of mortality (e.g.,
rodents) from interacting with the subpopulation.
d. be an aesthetic detraction.

4. No experimental manipulations (e.g. controlled burning, resource supplement) would take place on these sites -
their purpose is to serve as undisturbed controls.

B. Initial survey of the subpopulation sites
i. Detailed mapping of the selected Cordvlanthus Dal_atus subpopulations is required to;
a. document the present distribution of individuals in
relation to subtle topographic and ecological
features of the sites.
b. detect the effects of seed dispersal on the future
distribution of individuals at the site.
c. indicate exactly where managers and other visitors
to the site can walk with minimum damage to the
plants or their habitat.

2. This mapping should be done twice in the first year of the monitoring program -- once after germination and
early growth of the seedlings (e.g. late January or
early February) and again during the peak reproductive
period (July or August). Differences in seedling and
adult distribution will indicate routes of seed
dispersal and the distribution of germination
microsites in relation to the extent of potential
habitat at the site during a particular year. Routes
of dispersal and sites for germination would need to be protected from disturbance, so that maps would be used
to define routes of access to the subpopulation.

3. A recommended method of mapping is to cover the site with a grid of 20 cm X 20 cm (or 30 cm X 30 cm ) pixels that would extend beyond the actual distribution of the subpopulations during the initial survey (Figure 2).

The grid would be established using permanent markers
(e.g. 20 cm long nails) along two edges of the grid
with removable string strung between. Perpendicular to
these strings would be two movable piecesof
lightweight PVC tubing that defined the other two edges of each row of pixels (i.e. that were Joined by
additional tubing 20 or 30 cm apart to form a frame).

Managers would move this frame from one end of the grid to the other, recording the presence of
malmatus individuals in each pixel. This presentation
of results could be simplified if density indices were
2 EXHIBIT A

245
used instead of the actual counts to represent density
in each pixel. A density index system would resemble
the cover-abundance indices used in vegetation
description (e.g. 3 = >100 individuals/pixel, 2 = ll-
100/pixel, 1 = 1-10/pixel, 0 = no plants in the pixel).

Each pixel could then be portrayed on a computer-
generated map, with degrees of gray-scale shading
representing different density indices.
a. During this mapping process it is important to
minimize human impact on the subpopulation.

Pixels that could not be observed from the grid
edge could be reached by a simple board scaffold,
resting on support "feet" that were carefully
placed when the scaffold was moved across the
site.
b. Additional ecological information
(microtopography, surface characteristics,
distributions of other species, etc.) could be
overlayed onto these maps to reveal more
information of the ecology of the species.
c. After the first year's mapping (once for
seedlings, once for adults), it may not be
necessary to generate new maps for another two or
three years if care is taken to minimize
disturbance at the site. Remapping would be
warrented by an unusual year of rainfall and
subsequent runoff.

C. Demographic monitoring of undisturbed subpopulatlons ofCordvlanthus Dalmatue i. The purpose of demographic monitoring at the "FCC
corner" and "Livermorecentral" sites is to:
a. detect short and long-term trends in the
population of Cordvlanthus Dalmatus at Springtown
Alkali Sink by detailed studies of representative,
relatively undisturbed subpopulations.
b. identify the timing and causes of plant mortality
and fluctuations in fecundity (seed output per
plant).
c. suggest proper management actions to mitigate for
natural or anthropogenic increases in mortality or
decreases in fecundity.

2. At each of the two sites, the following procedure is recommended for obtaining and analyzing
survivorship/mortality data:

EXHIBIT A

246
a. Using the pixel maps, the edge of the
subpopulation will be delineated and 12 quadrats
(circular wire hoops, 0.25 m2 in area) distributed
in relation to the edge (Figure A4.1). Several
designs are possible, but the important featuresinclude:
i. four quadrats Just beyond the existing
population edge to detect dispersal and
subpopulation expansion (plant density = 0).

2. eight quadrats within the subpopulation, each
containing between 20 and 200 individuals
(February tally).

3. a permanently-marked center to each quadrat,
consisting of a 10 inch long, 1/4 inch
diameter aluminum rod, with 2" exposed above
ground. The center of each removable wire
sample hoop would fit precisely over the rod
to ensure accurate placement.

4. a lightweight, removable boardwalk to allow
access to the quadrats without impacting the
habitat or subpopulation (Figure A4.1).
b. All quadrats will be sampled at least 4 times per
year, for a minimum of four years. It is
important to use a seasonal schedule that includes
critical phenological stages. For this reason,
the calendar dates for sampling will vary slightly
from year to year, depending on the amount and
timing of precipitation, the magnitude of winter
temperatures, and the onset of summer drought. A
suggested schedule, based on observations made in
1987 and 1988, is:

1. January or February (post-germination,
seedlings with 2-6 leaves each).

2. mid-May (plants established, branched, 5-7 cm
tall, and beginning to flower).

3. early August (peak of flowering and seed set).

4. late September (end of reproduction, onset of
senescence).
c. The following data would be collected for all
quadrats at each site on every sample date:

1. total l_va (= green, moist) plants per quadrat
(0.25m')
4 EXHIBIT A

247

2. phenological state (number of live leaves,
presence of flowers, seed)

3. average plant height (based on a subsample of
I0 plants in each quad)

4. observations related to pollination,
predation, disease, disturbance and other
significant demographic factors

5. observations related to habitat factors (soil
moisture, soil salinity, vigor of dominant
plant species (e.g. _, Frankenia,
i Distichlis).
d. The analysis of the survivorship data should follow
standard Conventions and examples in relation to
I rare plantmanagement can be found in Butterwick(1987), Pavlik (1987), Taylor and Palmer (1987), Palmer st al. (1987), and Berg (1987). The
• expression of survivorship data for purposes of•demographic monitoring should includethe following:

I. survivorship curves

2. calculations of population half-lives
I 3. survivorship at the onset of reproduction
(e.g. May)

4. long-term trends in populati0n size
(combination of data from different years)

5. correlations of survivorship parameters with
environmental factors from year to year (e.g.
precipitation)

3. In order to provide estimates of plant fecundity and populationseed rain, a correlation between plant
height and total seed output per plant (September
measurements) needs to be developed using Springtown
plants. This relationship, comb:Ined with _n slt_
height and density measurements would allow estimates
of seed output per individual (fecundity) and per unit
of habitat area (seed rain) for every monitoring year
(see Pavlik 1987). This would provide an additional
measure for predicting population trends and
determining factors that limit population growth.

4. Each year, a sample of at least 150 seeds should be
germinated to indicate seed quality. The specific
germinations requirements of Cordvlanthus malmatus are
not known at present, but seeds have been germinated
in the laboratory and seedlings raised on sunflowers in %
5 EXHIBIT A

248
the greenhouse (L. Heckard, Department of Botany,
University of California, Berkeley). Low germination
would indicate poor seed quality and provide another
demographic parameter used in monitoring and management.

A. Site selection and preparation

1. Physiological monitoring would be conducted at a
control site (e.g. "Livermore Central" and an
experimental site (effected by hydrological
modification). Ideally, the two sites should resemble
each other in terms of Cordvlanthus nalmat_s density,
microtopographic characteristics, and composition of
the vegetation.

2. These sites need to be protected from all non-native grazing and other forms of disturbance.

3. No other manipulations (e.g. controlled buring) would impact these sites.

4. A permanent plot, containing 50 - I00 plants, would be marked at each site and used as a source of individuals for water potential and growth measurements.

B. Comparative water relations and growth

1. At control and impacted sites, the predawn and midday water potentials should be measuredusing standard
pressure bomb techniques. Although seedlings are too
small for accurate determinations, seasonal monitoring
is possible using caulescent plants during the April to September period (a total of four sample days/yr).

Within the permanent plot, individuals would be
randomly chosen for pressure bomb and growth
measurements.

2. Replicate measurements should allow statistical
comparisons of water potential between the two sites.

Significant decreases in plant water potential at the
impacted site relative to the control would indicate
negative effects from hydrological modification. It
would also Justify mitigation for existing impacts.

3. Plants that were harvested for pressure bomb
measurements would be used for documenting shoot growth at the control and impacted sites. Significant
decreases in shoot dry weight at the impacted site
relative to the control site would indicate negative •
effects from hydrological modification. It would also
Justify mitigation for existing impacts.
6 EXHIBIT A

249
Estimate of Person-hours:. Tables 4.1 and 4.2 provide an overview and summary of the estimated number of person-hours and field days to be spent on the Cordvlanthus nalmatus monitoring program over a four year period. The estimates are presented according to the objectives of the program, some of which might not be implemented. For example, if controlled burning or hydrologic alteration of the site do not occur, these portions of the monitoring program would not be implemented. Included in these estimates of person-hours are Ph.D or supervisory hours that would be required by certain tasks (e.g. selection of study sites, placement of quadrats, data analyses, report preparation).

Otherwise, tasks could be executed by well-trained field biologists with more limited research experience. This
distinction between Ph.D hours and technician hours should be useful in developing budgets for implementing the monitoring program.
7 EXHIBIT A

250

PERMANENT MARKERS
///////
PIXEL

EDGOF SUBPOPULATION
........................ r_ ,_ ...it:_[_:_:,.:_,.:,.:,._: VARIATIONS IN PLANT : _'_' " ,","!,_ " _" DENSITY• _ I_/=_ _i1_ ,_:_ _,
/
FigureA_hO Design for mapping a subpopulation of Cordylanthus palmatus.

Pixels would be 20 X 20 cm or 30 X 30 cm and used to indlcate the distrlbutlon and relative density of individuals.

EXHIBIT A

251

REMOVABI'E QUADRATS WITH MARKERS

BOARDWALK
©

Individual plants within the quadrats would be marked with small wooden markers.

EXHIBIT A

252
._ z
0 0
E.-> =
'_" O'J
o 2 o0 < = _,,
=_
_ o
_- 0
=_
= _o [

EXHIBIT A

253
C_J
z
,q. ,<
<
,,=3
Z
0 (n
,-,
z
O
• U.
#

EXHIBIT A

254
(M
Q
Z
(_ --_
=_
Z
Z
0 Z
-_ ._ =

EXHIBIT A

255
Table A4.1 Summery of person-hours(total hoursincludes Ph.D or supervisoryhours) and the number of field days to be spent on a four-year monitoring program for Cordylanthus palmatus.
sum of
objective year 1 year 2 year 3 year 4 hours field days
I. Long-term Population Trends
total hrs 335 105 129 291 860
Ph.D hrs 172 35 59 128 394
field days 14 5 6 14 39
I1.Impact Assessment
total hrs 87 84 84 84 339
Ph.D hrs 49 32 49 32 162
fielddays 4 4 4 4 16
II1. Establishment of New Sub-populations
total hrs 142 101 115 101 459
Ph.D hrs 70 40 46 46 202
field days 4 4 4 4 16

EXHIBIT A

256

APPENDIX V
Wildlife of the Alkali Sink Ecosyste m
It is difficult for the current human inhabitants of the Amador-Livermore Valley to imagine, but this fertile valley was once inhabited by herds of rule elk and pronghorn antelope, grizzly bears, and bald eagles. Oak-lined creeks flowed through grasslands filling a lake and willow-cottonwood forest of some 2,000 acres near the intersection of Highways 580 and 680. These resources disappeared decades ago. With the arrival of European man, his cattle and agriculture, the landscape changed
dramatically, and only those hardy wildlife species that could adapt to modern agricultural practices survived. The Jackrabbit, ground squirrel, meadowlark, and red-tailed hawk are common native animals familiar to many Livermore residents today. Even these survivors, however, are now disappearing as tens of thousands of acres of agricultural lands along the Highway 580 and 680 corridor are replaced by industrial, housing, and business developments.

Perhaps because its alkaline soils made it unsuitable for agriculture, a remnant of a historical valley habitat has persisted to the present - the alkali sink wetlands of the Springtown area in Livermore. Although best known for its endangered flora, an equally unique assemblage of wildlife inhabits this area. Even today, an alert observer can spot seven or more species of hawks, falcons, and eagles at one time on the edge of the Springtown development. With extensive grasslands to the north and east interspaced with rocky, brush-covered peaks, the wetlands at Springtown, although only a few hundred acres in size, are visited by an amazing array of wildlife and support some species year-round. The Mediterranean climate results in wetlands that are seasonally flooded and seasonally as dry as the desert. This climatic pattern has influenced the evolution of migratory waterbirds, many of which breed at northern latitudes and winter in mild winter areas of California where lush marshlands with abundant food once flourished. As 80-90 percent of California's wetlands were destroyed, waterfowl populations plummeted. The trend in Livermore was similar. Hunters have reported that the Springtown area was once teeming with ducks.

Now much reduced in size, many fewer waterfowl return, but flocks of mallards and cinnamon teal still migrate to Springtown. When ponds from winter rains persist into the spring, mallards will nest on the site. The well-documented decline in California's waterfowl populations in recent years has resulted in the lowest hunter bag limits on record. This fact underscores the
importance of preserving and enhancing all remaining wetland habitat. Other waterbirds observed on the site include long- billed dowitchers, greater yellow-legs, black-necked stilts, great egrets, snowy egrets, great blue herons, Forester's terns, least sandpipers, and snipe.

EXHIBIT A

257
Another conspicuous group Of birds utilizing the site are I the raptors. These predatory birds include the falcons, hawks, and eagles. Well-known historic nest sites for prairie falcons and golden eagles occur Just north of Springtown. These species [ can be seen during the spring and summer along with red-tailed / hawks, American kestrels, and northern harriers (marsh hawks) foraging on the wetlands. During the winter, species from the i north winter in the area, including rough-legged hawks andferruginous hawks. Burrowing owls, a species which has disappeared from much of its former range, probably nest on the site.

Mammals commonly observed on the site include Jackrabbits , ground squirrels, and meadow voles. The abundance of rodents and rabbits is undoubtedly the reason one can see golden eagles swooping low over the fields within a few yards of residences in Springtown. The San Joaquin kit fox, a state and federally- listed Endangered species, is known to occur nearby. On-site field surveys are needed to clarify the importance of the Springtown site for this species. In the meantime, the area should be considered potential kit fox habitat.

Comprehensive wildlife surveys have not been undertaken at the Springtown alkali sink wetlands; however, the visits of wildlife biologists thus far have confirmed the presence of diverse and valuable wildlife resources. These resources will be of particular importance to the public, students, scientists, naturalists, and nature photographers if the lands are managed as i a natural in the future, to view suchreserve Opportunities wildlife in proximity to urban areas are scarce. An
environmental education center at this site would be the only one i of its kind in the area and would provide a unique opportunityfor residents of Livermore. }
I
/
2 EXHIBIT A

258

PRELIMINARY WILDLIFE CHECKLIST FOR THE
SPRINOTOWN ALKALI SINK WETLAND8
Birds
great blue heron
great egret
snowy egret
mallard*
cinnamon teal*
turkey vulture
norther harrier (marsh hawk)
red-tailed hawk
rough-legged hawk
ferzn/ginous hawk
golden eagle
American kestrel
merlin
prairie falcon
black-necked stilt
American crocet
killdeer
greater yellowlegs
common snipe
long-billed dowitcher
Forster's tern
mourning dove
burrowing owl*
short-eared owl
common flicker
western kingbird
horned lark
barn swallow
common crow
water pipit
loggerhead shrike
western meadowlark
red-wlnged blackbird
Brewer's blackbird
house .finch
Savannah sparrow
Lincoln's sparrow
* breeding species
California ground squirrel
Botta's pocket gopher
California meadow vole
muskrat
3 EXHIBIT A

259
black-tailed Jackrabbit
Audubon's cottontail
Reptiles
western fence lizard
gopher snake
Pacific tree frog
J
4 EXHIBIT A

260
APPENDIX Vi
PROPERTIES OF SOLAN0 FINE SANDY LOAM FROM THE

SPRINGTOWN ALKALI SINK
Transect I
---properties of saturation extract---
E.C. cations (meq/1)
number aep_h (in> pH (mS/cm Na Ca Mg K SAR
i 0 - 2 2.7 -0.SU 5.43 0.84 0.6') 0.41 6._5
2 - 4 5.8 0.60 3.95 0.62 0.50 o.ao 5.as
S 0 -- _ 5.8 a. O0 I¢9,48 a.15 a. SS 2.4_ 6.97
2 - 4 5.4 2.50 11.23 2.66 2.95 3.38 6.7_
4 0 - 2 5.0 1.40 11.51 0.37 c:.4_ _'_.15 12.68
2 - 4 5.9 1,6c_ la.S2 0.31 c_57 0.13 19.32
0 - 2 5.1 1.70 i_..6i0.4_ 0.4i 0.22 i8.90
i 2 - _ 5.8 1,50 I0.6_ 0.35 0.7-7 0.13 19.<_8 0 - := _.I . _ "'_, ._ 5o. I_ _._o _.59 i .c_ 2,_._ - _- 7.3 ,3.00 54.48 1•l_ I .'"_'_,.,. I.,'_0 _.. _t_
J
l(J O- 2 7.8 15.00 i15.89 _'_. 72 1.01 0.72 124._I
a - 4 9.0 IC.95 28.,':I_ 0.62 (I,9_ 0.57 I_'I0,31
i I_ 0 - 2 8._ 23.4:5 2_.6._S I._5 l._ie I. )a 187.59
2 - _ 9. I " 34.8C)" _22.9_J i. I0 0.89 0._L4 ._3.@i
i lb 0 - 2 8.5 41 60 387.21 8.52 2.C'8 i _0 2.= _
2 - 4 9.2" 25._( 191.80 0.gL_ 0._4 0._+4 219._2
18 0 _" 2 9.(._ 11.40 '77._8 1.13 0.88 0._:9 @_.()5
:= - '_ 9.5' 12.2t) 21._+¢_ i.17 J.3_; 0.,-,_" 92._J+
2 rl' 0 - a 6.5 _.I0 2_. " "
.2 - _ 7.9 _,._-0 _C)._,'7 0.7_ 0.51 O. _8 _I. Ii
22 0 - 2 6.0 O.b8 3.i'_' i.09 i.c2_3 0.23 _.(_-8
2 - 4 6.% 0._=. _ 2.9i 0._-@ 0._0 0.o8 _+.#'
24 0 - 2 6.6 i.2e 3.29 2._ 2.7c_ 0.06 1.89
2 - 4 b.'7 t.. /j '=.('_9 1./., 1 _ i._1

EXHIBIT A

261

PROPERTIES OF SOLANO FINE SANDY LOAM FROM THE

SPRINGTOWN ALKALI SINK
Transect 2
---properties of saturaZion ext_-act---
E.C. cations (mea/l)
number deDzh (in) pH (mS/(m) Na Ca Mg K SAR
2 0 - 2. &.2 1.5_ 12.31 0.41 0.3? 0.87 19.71
2 - _ ?.2 2.c)0' 14.29 0.40 0.3_ O.09 23,iS
0 - 2" 9.2 9._(:_ 60.02 1.05 l.(J_ 0.53 _8.91
8 - _ 8.i e.lo" 59,29 0.75 (.'I,730.32 68°9_
b 0 - 2 b.8 ?.30 "59.91 1.8_ 1.85 0.40 _4._._.
2 - '.+ 7.8 b.O0 48.95 1.3_ i .33 t_.,. 7 _-2.(1_5
8 0 - ._ @.7 ;_.7_ 5/+.36 1.53 1.:,' 0.58 q._.918 - 4 7.9 7._0 nS.(+O 1.40 I._ t_.O9 55._(.t I0 0 .- 2 7.5 85.8(J _4.C_5 19.0(_ 5C_.C_0 r,i9 I12...99 12 0 - _ 9.1 8_.i0 ib9,78 l.bO ('_5_ ('i._3 i_4,13
8 - 4 9.8 _3.9(. I_8,83 0.9_ c._._ o=19 ._!9_3e'
1_ 0 - 2 a.6 8.0 .'_ 15.?_ "-_ "_'-_'0._,.. . • , (.).._. I=.'9'7 _- - _ 7.2 I,_0 13.15 (:,_'# 0._ 0,14 i_.7'3
8 - 4 ';,,C) 1 12_ 9._3 _.._.3 ("_.3_, 0.!_ I_.'7,S
18 0 - 8 "b.b 0.81 b.84 I.U'7 0._5 (_.00 -'
2 - 4 _, '7 0,4_ 3,7_, 0, ._2 0,33 L_, (J_. 5. _3
80 0 - O- 7.0 (9.52 3.95 1.12 t.).'77 (.).I('I ,_..,7.I_ _ - _+ 7.5 (" =".'•_(._ 3 •b7 (._. 9(; 0.57 0.O_ _.. _._ 22 0 - a b _ c',.a8 3.48 I._ "==• 1.... U.13 _. _(.:
8 - 4 7 •_. 0.5'.+ 4._0 1•0o. (._, _ 1 ':.)•(')8 /+.5'7 24 0 - 2 b.5 (:).52 3.24 0.91 0.88 0.I _' _.4P-
8 - 4 b.9 0.4<_ ,_.32 C_.5.+ 0,30 0.c,9 3,5i
! note: _AR = Na / sar_,iCa, + M_)
' 2

EXHIBIT A

262
_PP2'NDIX VII

THE POLZCIES AND STATUTORY AUTHORITIES

OF AGENCIES INVOLVED WITH
THE SPRINGTOWNALF_LI SINK WETLANDS
City of Livermore
The lands in question are almost entirely within the City limits of the City of Livermore. The City has statutory authority and jurisdiction over any land-use change. The City's general plan and policies will guide any proposed use change.

The city would be the lead agency for any proposed project and would prepare an Environmental Impact Report to meet the requirements of the california Environmental Quality Act. For the purposes of this document, the focus is on state and federal agency responsibilities. Consequently, the City's general plan and policies are not presented.

U.S. Denartment of the Army. CorDs of Engineers
A Department of the Army permit is required under Section 404 of the Clean Water Act. Section 404 gives the Corps the authority to regulate the filling of "waters of the United States," including wetlands. The Corps' definition of "wetlands" is "...those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalenc e of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." 33 CRF 323.2(c) (1982).

Regarding the term "normal oiroumstances" in the above
wetland definition, the Corps of Engineers' national office issued Regulatory Guidance Letter 86-9 to clarify this term.

Their letter states, in part:
"Our intent under Section 404 is to regulate
discharges of dredged or fill material into the
aquatic system as it exists and not as it may have
existed over a record period of time. The wetland
definition is designed to achieve this intent. It
pertains to an existing wetland and requires that
the area be inundated or saturated by water at a
frequency and duration sufficient to support
aquatic vegetation. We do not intend, by this
clarification, to assert Jurisdiction over those
areas that once were wetlandsand part of an
aquatic system, but which, in the past, have been
transformed into dry land for various purposes.

Neither do we intend the definition of "wetlands"
1 EXHIBIT A

263
to be interpreted as extending to abnormal
situations including non-aquatic areas that have
aquatic vegetation. Thus , we have listed swamps,
bogs, and marshes at the end of the definition at

32.3.2(c) to further clarify our intent to include
only truly aquatic areas."
The use of the phrase "under normal circumstances"
is meant to respond to those situations in which
an individual would attempt to eliminate the
permit review requirements of Section 404 by
destroying aquatic vegetation, and to those areas
that are not aquatic but experience an abnormal
presence of aquatic vegetation. Several instances
of destruction of aquatic vegetation to eliminate
Section 404 Jurisdiction have actually occurred. l
Because those areas would still support aquatic
vegetation "under normal circumstances, they
remain a part of the overall aquatic system
intended to be protected by the Section 404
program; therefore, 404 Jurisdiction still exists.

All proposed discharges of dredged or fill material into "waters of the united States" require Corps of Engineers authorization under Section 404 of the Clean Water Act (CWA) (33 USC 1344). "Waters of the United States" include, but are not limited to, coastal and inland waters, lakes, rivers, and streams that are navigable waters of the United States, including adjacent wetlands; tributaries to "navigable waters of the United States," including adjacent wetlands; interstate waters and their tributaries, including adjacent wetlands; and all other waters of the UnitedStates.

Among the "waters of the United States" regulated by the Corps of Engineers and the Environmental Protection Agency under the Clean Water Act are waters "the use, degradation, or destruction of which could affect interstate or foreign commerce" (33 CRF 328.3(a)(3)). On September 12, 1985, _he EPA General Counsel issued a legal memorandum regarding Jurisdiction over such waters. The memorandum concluded that if water is used or would reasonably be expected to be used by interstate migratory birds or by endangered species, then it is sufficiently connected to interstate commerce to meet the definition of regulated "waters of the United States." The Corps of Engineers has endorsed this legal opinion. The seasonal ponds utilized by migratory waterbirds in the Springtown wetlands are "waters of the united States" subject to corps of Engineers jurisdiction under Section 404 of the Clean Water Act.

Because the issuance of a Department of the Army permit is a "major Federal action" under the National Environmental Policy Act, and because a project affecting the Springtown wetlands project would havea significant impact on the human environment, the corps would be required to prepare an EIS as part of the review of an application for a permit.
2 EXHIBIT A

264
Pursuant to Corps of Engineers regulations (33 CFR
320.4(a)(2)(b) and (o)), the applicant would be required to provide a project site alternatives analysis demonstrating that there are no other reasonable locations for the project.

Policies' Context and Comp_ianc e
The decision whether to issue a permit by the Department of the Army is based on a public interest review, which is an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. The decision whether to authorize a proposal, and if so the conditions under which it will be alllowed to occur, are determined by balancing the benefits of the proposal against its detriments, reflecting the national concern for both protection and utilization of important resources. All relevant factors are considered, including conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral productioni considerations of property ownership and, in general, the needs and welfare of the people.

The Corps of Engineers considers the views of other government agencies and the public in its public review process. No permit can be issued which does not comply with all applicable Federal laws, regulations, and policies.

An application for a permit under Section 404 of the Clean Water Act must be denied if the proposed activity would not comply with the"Guidelines for Specification of Disposal Sites for Dredged or Fill Material" (40 CRF 30) promulgated by the Environmental Protection Agency pursuant to Section 404(b)(1) of the Clean Water Act. The most important portions of the guidelines relative to the Springtown wetlands are summarized below:
a. Definitions: The following are some of the
definitions set forth in the guidelines which are essential to I their understanding:i
The terms "aquatic environment" and "aquatic
i ecosystem" mean waters of the United States,
including wetlands, that serve as habitat for
interrelated and interacting communities and
populations of plants and animals. "Special
aquatic sights" means...geographic areas, large or
small, possessing special ecological
characteristics of productivity, habitat, wildlife
protection, or other important and easily
disrupted ecological values. These areas are
generally recognized as significantly influencing
or positively contributing to the general overall
3 EXHIBIT A

265
environmental health or vitality of the entire
ecosystem or region." Wetlands (as defined by the
Corps of Engineers' regulations) are identified as
special aquatic sites by the guidelines.
b) Guidelines to discharge (fill) on an aquatic site,
include:
"Except as provided under Section 404(b) (2),
[consideration of the economics of anchorage and
navigation], no discharge of dredged or fill
material shall be permitted if there is a
practicable alternative to the proposed discharge
which would have less adverse impact on the
aquatic ecosystem, so long as the alternative does
not have other significant adverse environmental
consequences (40 CFR 230.10(a)).

An alternative is practicable if it is available
and capable of being done after taking into
consideration cost, existing technology, and
logistics in light of overall project purposes.

If it is otherwise a practicable alternative, an
area not presently owned by the applicant which
could reasonably be obtained, utilized, expanded,
or managed in order to fulfill the basic purpose
of the proposed activity may be considered (40 CFR
230.10(a)(2)).

Where the activity associated with a discharge
which is proposed for a special aquatic site does
not require access or proximity to or siting
within the special aquatic site in question to
fulfill its basic purpose (i.e., is not "water
dependent"), practicable alternatives that do not
involve special aquatic sites are presumed to be
available, unless clearly demonstrated otherwise.

In addition, where a discharge is proposed for a
special aquatic site, all practicable alternatives
to the proposed discharge which do not involve a
discharge into a special aquatic site are presumed
to have less adverse impact on the aquatic
ecosystem, unless clearly demonstrated otherwise
(40 CFR 230.i0(a)(3)).
c. Possible actions to minimize adverse effects
include:
"Minimization of adverse effects on populations of
plants and animals can be achieved by:

Selecting sites or managing discharges to prevent
or avoid creating habitat conducive to the
development of undesirable predators or species
which have a competitive edge ecologically over

EXHIBIT A

266
indigenous plants or animals;
Avoiding sites having unique habitat or other
value, including habitat of threatened or
endangered species;
Using planning and construction practices to
institute habitat development and restoration to
produce a new or modified environmental state of
higher ecological value by displacement of some or
all of the existing environmental characteristics.

Habitat development and restoration techniques can
be used to minimize adverse impacts and to
compensate for destroyed habitat.

San Francisco Bay Reaional Water Oualitv ContrQl Board
RWOCS
The California Regional Water Quality Control Board for the San Francisco Bay operates in conjunction with nine other regional water quality control boards under the direction of the State Resources Agency. The RWQCB attempts to protect and enhance the quality of both surface and underground waters in the Region by reviewing activities that affect water quality in the Bay and its tributaries.

Water quality standards would be established by the RWQCB for any proposed project as part of the National Pollutant Discharge Elimination System (NPDES) permit procedure.

Section 401(a)(1) of the Federal Clean Water Act prohibits Federal agencies, including the Corps of Engineers, from granting permits to conduct any activity which may result in any discharge to navigable waters until the applicant has obtained RWQCB certification that the discharge will comply with the applicable provisions of Sections 301, 302, 303, 306, and 307 of the Act, or a waiver of certification.

The RWQCB's major planning document, the Water Quality
control Plan for the San Francisco Bay Basin, recognizes the habitat value of wetlands and cites them as a "beneficial use." In 1988, the RWQCB adopted a wetlands policy which guides the Board in reviewing projects affecting wetlands. Under that policy, the Board will not approve projects that will result in a net loss of wetlands.

A portion of the wetlands to the west and northwest of
Springtown are unincorporated lands within Alameda County. The following environmental resource and open space policies contained in the County's Open Space Element are pertinent to the proposed project:

EXHIBIT A

267
* Acquire for public management those environmental
resource areas which are of critical countywide,
regional, statewide or national significance, including important wildlife habitat areas, watersheds and
groundwater basins, and areas providing or having
potential to serve outdoor recreation needs.
* Uses or development which will seriously impact or
jeopardize resource values should be located away from
areas of significant environmental resources.

In 1987, the Alameda County Board of Supervisors adopted a wetlands policy Which directs the County to only approve projects which do not result in a net loss of wetland acreage or values.

U.S. Fish and Wildlife Service
The U.S. Fish and Wildlife Service is the Federal
Government's principal conservation agency for fish and wildlife resources. Goals of the Service include fostering the wise use of land and water resources protecting and enhancing the nation's endowment of fish and wildlife, preserving the quality of the environment and providing for the conservation, enhancement, and protection of this nation's fish and wildlife resources for the continuing benefit of the people.

The U.S. Fish and Wildlife Service has three basic
objectives: 1) to assist in the development and application of an environmental stewardship ethic for our society, based on ecological principles, scientific knowledge of fish and wildlife, and a sense of moral responsibility; 2) to guide the
conservation, development, and management of the Nation's fish and wildlife resources; and 3) to administer a national program to provide the public opportunities to understand, appreciate, and wisely use fish and wildlife resources. These objectives support the Service mission of conserving, enhancing, and protecting fish and wildlife and their habitats for the continuing benefit of people.

In fulfillment of these objectives, the U.S. Fish and
Wildlife Service performs a variety of functions, including but not limited to:
- Acquisition, protection, and management of unique
ecosystems necessary to sustain fish and wildlife such
as migratory birds, resident species, and endangered
species.
- Conducting fundamental research on fish, wildlife, and their habitats to provide scientific information
leading to better management, healthier, more vigorous
animals, and protection of fish and wildlife from
dislocation or destruction of their habitats, overuse,
6 EXHIBIT A

268
T
and industrial, agricultural, and dome%tic pollutants.
- Providing financial and professional technical
assistance to States through Federal aid programs for
the enhancement and restoration of fish and wildlife
resources.
- Conducting programs of research, enforcement,
management, and professional technical assistance to
other agencies for the protection of endangered
species.
- Promulgation and enforcement of regulations for the
protection of migratory birds, marine mammals, fish and Other nonendangered wildlife from illegal taking,
transportation, or sale within the United States or
from foreign countries.
- Conducting programs of research, enforcement,
management, and professional technical assistance to
other agencies for the protection of endangered
species.
- Promulgation and enforcement of regulations for the
protection of migratory birds, marine mammals, fish andother nonendangered wildlife from illegal taking, transportation, or sale within the United States or
from foreign countries.
- Conducting programs of planning, evaluation, and
professional technical assistance to Other agencies for I the proper use and protection of fish and wildlifehabitat, that directly benefit the living natural resources and add quality to human life.
- Conducting programs of interpretation, education, and recreation to foster a stewardship ethic in the
American public through high quality fish and wildlife
I oriented experiences.
- Communication of information essential for public
; awareness and understanding of the importance of fish L and wildlife resources and interpreting fish and
wildlife changes reflecting environmental degradation
that ultimately will affect the welfare of human
beings.

The Service's authority for receiving and commenting on projects affecting wetlands, endangered species, and other fish and wildlife resources are prescribed in: the Fish and Wildlife Coordination Act (16 U.S.C. 661-667e; 48 star. 401, as amended), the National Environmental Policy Act of 1969 (42 U.S.C. 4321- 4347; 83 Stat. 852), the Endangered Species Act of 1973 (16 U.S.C. 1531-1534, 87 STat. 884), the Estuary Protection Act (16 U.S.C. 1224; 82 Star. 627), the Department of Transportation Act 7 EXHIBIT A

269
(49 U.S.C. 1653(f); 82 Stat. 825), the Federal Aid Highway Act (23 U.S.C. 138; 82 Stat. 823), the Airport and Airway Development Act of 1970 (49 U.S.Co 1712(c) and (f), 1716(c)(4); 84 Stat. 222, 227), the Watershed Protection and Flood Prevention Act (16 U.S.C. 1008, 72 Stat. 567), and the Endangered Species Act of 1973 (16 U.S.C. 1536; 87 Stat. 892). The Service also has advisory and consulting roles under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451) and the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401), as well as basic and other authorities.

These laws, statutes, and regulations, in conjunction with the Service's published mitigation policy (46FR7644-7663) guide the Service in formulating its comments and position on proposed actions affecting fish and wildlife resources.

Wetland Protection Policy
It is the Service's policy in this region to view wetland degradation or losses as unacceptable changes to an important I national resource (generally considered to be Resource Categories1, 2, or occasionally 3 of the Service's Mitigation Policy). As such, it is the goal of this Region to ensure that no net loss (acreage or value, whichever is greater) of wetland habitatsoccur. Development proposals adversely impacting wetlands generally will be discouraged unconditionally at the Field Office level. To ensure Regional consistency, any recommendations I (negotiations) which would result in net loss of wetlanda habitat acres or values must have Assistant Regional Director- Habitat Resources concurrence.
i All of the following criteria must be met for concurrence:
( i. The site is not in the service,s Resource Category i.

2. The area is not used by nor provides habitat for any threatened, endangered, or unique species.
} 3. The proposed work is water-dependent (refer to Regional Policy EN-S, Water Dependency Considerations).

4. There are no feasible means to mitigate at or near the project site nor to restore or manage the site as a
wetland.
!

5. The area to be destroyed exhibits no unusual fish or wildlife values and is isolated from other wetlands
relative to these values, to other functional values,
and to any hydrologic connection.

This policy applies, but is not limited, to Service
involvement in federal projects, permits and licenses, RCA, NEPA, area-wide planning, technical assistance, and all other HR activities.
8 EXHIBIT A

270
California Department of Fish and Game
The Department of Fish and Game is the state agency
entrusted with the protection of California's fish and wildlife resources. The Department comments on and makes recommendations I on CEQA documents, NEPA documents, Corps public notices, and r other planning and permitting documents. The Department is responsible for administering the California Endangered Species Act of 1984, the language of which expresses the intent of the 1 California Legislature (Chapter 1.5, Article i, Fish and GameCode):

I The Legislature hereby finds and declares all of
! the following:
i (a) Certain species of fish, wildlife, and plants
have been rendered extinct as a consequence of man's
activities, untempered by adequate concern and
conservation.

I (b) Other species of fish, wildlife, and plants
are in danger of, or threatened with, extinction
because their habitats are threatened with destruction,adverse modification, or severe curtailment, or because of overexploitation, disease, predation, or other
factors.
(c) These species of fish, wildlife, and plants
are of ecological, educational, historical,
i recreational, esthetic, economic, and scientific valueto the people of this State, and the conservation, protection, and enhancement of these species and their
J habitat is of statewide concern.

The Legislature further finds and declares that it
is the policy of the State to conserve, protect,
restore, and enhance any endangered species or any
threatened species and its habitat and that it is the
intent of the Legislature, consistent with conserving
the species, to acquire lands for habitat for these
species.

The Legislature further finds and declares that it
is the policy of this State that all state agencies,
boards, and commissions shall seek to conserve
endangered species and threatened species and shall
utilize their authority in furtherance of the purposes
of this chapter.

The Department is also guided in formulating its position by the policies of the Fish and Game Commission, including the following Wetlands Resources Pollcy statements, adopted in 1987:

EXHIBIT A

271
The Fish and Game Commission finds that:

I. California's remaining wetlands provide
significant and essential habitat for a wide variety of important resident and migratory fish and wildlife
species.

II. The quantity and quality of the wetlands
I habitat remaining in California have been significantly reduced; thus, maintenance and restoration are
essential to meet the needs of the public for fish and
1 wildlife resources and related beneficial uses. Inaddition, the protection, preservation, restoration, enhancement, and expansion of wetlands as migratory
bird breeding and wintering habitat are Justlyrecognized as being critical to the long-term survival of such species. Wetland habitat is also recognized as
providing habitat for over half of the listed
endangered and threatened species in California.

Ill. Projects which impact wetlands are damaging
to fish and wildlife resouroes if they result in a net
loss of wetland acreage or wetland habitat value.

IV. Through the passage of Senate Concurrent
Resolution 28 (January 1, 1983), the Legislature, in
recognition of the importance of wetlands, indicated
its "intent to preserve, protect, restore, and enhance
California's wetlands and the multiple resources which
depend upon them for the benefit of the people of the
State.,, The Legislature further declared its desire
that wetland habitat acreage be increased by 50 percent by the year 2000.

Therefore, it is the policy of the Fish and Game
Commission to seek to provide for the protection,
preservation, restoration, enhancement, and expansion
of wetland habitat in California.

Furthermore, it is the policy of the Fish and Game
commission to strongly discourage development in or
conversion of wetlands. It opposes, consistent with
its legal authority, any development or conversion
which would result in a reduction of wetland acreage or wetland habitat values. To that end, the Commission
opposes wetland development proposals unless, at a
minimum, project mitigation assures there will be "no
net loss" of either wetland habitat values or acreage.

EXHIBIT A

272
Other Relevant Federal Laws and Reaulations
U.S. Endangered Speoles Act
This Act was passed by Congress in 1973 to provide
protection for animal and plant species that are currently in _ danger of extinction (endangered) and those that may become so in the future (threatened). Section 7 of the Act requires federal agencies to ensure that their actions do not have adverse impacts on the continued existence of Threatened or Endangered Species or on designated areas (critical habitats) that are essential in conserving those species. The U.S. Fish and Wildlife Service maintains a current list of species which have been designated as Threatened or Endangered. Under the Act, the Corps must consult with the U.S. Fish and Wildlife Service if a permit application for a project which would affect a listed species is received. A Biological Assessment is provided to the Service along with an Environmental Impact Statement (NEPA document) as part of the consultation process. The Service must render a biological opinion making either a jeopardy or no-jeopardy finding which will guide the Corps' issuance or denial of a permit application.

Executive Order 11988, Floodplain Management (May 24, 1977} In order to reduce the risk to human safety, health,
welfare, and property associated with floods and in order to preserve the natural and beneficial values served by floodplains, Federal agencies are directed by this Order to evaluate the potential effects of actions, including the granting of permits, which they may take in the floodplains.

Fish and Wildlife Coordination Act
This Act requires the Corps to consult with the U.S. Fish and Wildlife Service, National Marine Fisheries Service, and the California Department of Fish and Game prior to issuance of a Department of the Army permit. Formal consultation with these agencies would occur through their review of the corps Public Notice and an EIR. The Corps of Engineers' regulatory program requires the District Engineers to give full consideration to the views of these agencies in deciding on the issuance, denial, or conditioning of permits.
ii

EXHIBIT A

273

CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of license agreements with First Street Alehouse, Plucked Chicken & Beer, La Botica, and Los Caporales that will allow the use of the trash enclosure facility being constructed by the City in the surface parking lot between Veterans Way and First Street.

RECOMMENDED ACTION

SUMMARY
The City is currently constructing a trash enclosure building on city property between Veterans Way and First Street. These license agreements will allow First Street Alehouse, Plucked Chicken & Beer, La Botica, and Los Caporales to use the trash enclosure building. Attachment 1 shows the location of the trash enclosure and the restaurants that desire to use the facility. The restaurants will place their
garbage, organic waste, and recyclable bins in the trash enclosure and coordinate hauling and disposal.

Costs associated with maintenance of the facility and hauling and disposing of materials will be paid by the restaurants. These restaurants do not have room on their property for bins and are currently placing the bins on the city-owned surface parking lot that is going to be replaced with the L Street Parking Garage. The trash enclosure will provide a serviceable location for the bins during construction of the garage and an ongoing sanitary, aesthetic, and serviceable location for the bins in the future.

DISCUSSION
On April 22, 2019, the City Council directed staff to provide information regarding options for enhancing the aesthetics of the area between Veterans Way and the back of the First Street businesses. This included finding a sheltered location for the dumpsters that are being placed in this area. In response to these concerns, the City is constructing a trash enclosure in the city-owned surface parking lot between Veterans Way and the First Street Businesses. Attachment 1 shows the location of the trash enclosure. 274

These license agreements will allow First Street Alehouse, Plucked Chicken & Beer, La Botica, and Los Caporales to use the trash enclosure building. These restaurants do not have room on their properties for their waste bins. Currently these bins are located in the city-owned surface parking lot where the new L Street Garage will be constructed. The trash enclosure will provide a location for the bins during construction of the L Street Garage as well as a long term sanitary, aesthetic, and serviceable location for the bins after the garage is constructed.

Under the terms of the agreements, the restaurants will store their garbage, organic waste, and recyclable bins in the trash enclosure. They will bring their waste, organics, and recyclables from their businesses to the trash enclosure building and dispose of the contents in their designated bins and coordinate pick-up, hauling, and disposal of the materials with the city's franchised hauler. The restaurants will pay the city's franchised hauler directly for all hauling and disposal fees.

Operation and maintenance costs for the facility will be paid by the restaurants. The total operation and maintenance costs for the facility are estimated at $12,000 per year based on deep cleaning the facility every two weeks and other general maintenance and utility costs. Annual payments for each restaurant in the license agreements are based on the total volume of waste, organics, and recyclables for each facility compared to the total volume of materials for all users. For example, the volume of waste, organics, and recyclables for the First Street Alehouse is estimated at 42% of the total volume of materials that will be stored in the facility; therefore, the agreement requires the First Street Alehouse to pay $5,040 per year which is 42% of $12,000. Payments will be made in January each year and can be adjusted by the City as necessary if waste volumes or maintenance costs change.

The license agreements will begin on the date of the agreement and shall continue unless terminated per the terms of the agreement.

All of the restaurants have submitted insurance certificates that cover the use of the facility and the certificates have been approved.

FISCAL AND ADMINISTRATIVE IMPACTS
Operation and maintenance costs for the trash enclosure facility are estimated at $12,000 per year.

Under the terms of the license agreements, the restaurants using the facility will pay for all of the operation and maintenance costs for the facility. The restaurants using the facility will also pay all of the costs associated with hauling and disposing of the materials stored in the facility.

COMMUNITY PILLAR

4. Inclusive and Inviting Spaces and Places

GOAL

3. Continue to implement the Downtown Specific Plan

GUIDING DOCUMENT

Downtown Specific Plan
275

ATTACHMENTS

1. Site Plan

2. Resolution

3. Exhibit A - Alehouse

4. Exhibit B - Plucked

5. Exhibit C - La Botica

6. Exhibit D - Los Caporales

Prepared by: Joel Waxdeck
Assistant City Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE LICENSE

AGREEMENTS WITH FIRST STREET ALEHOUSE, PLUCKED CHICKEN & BEER,

LA BOTICA, AND LOS CAPORALES THAT WILL ALLOW THESE RESTAURANTS

TO USE THE TRASH ENCLOSURE FACILITY BEING CONSTRUCTED BY THE

CITY IN THE SURFACE PARKING LOT BETWEEN VETERANS WAY AND FIRST STREET
The City of Livermore (“City”) is currently constructing a trash enclosure building on City property between Veterans Way and First Street. These license agreements will allow First Street Alehouse, Plucked Chicken & Beer, La Botica, and Los Caporales to use the trash enclosure facility. The restaurants will place their garbage, organic waste, and recyclable bins in the trash enclosure, fill them with materials, and coordinate hauling and disposal. Costs associated with maintenance of the facility and hauling and disposing of materials will be paid for by the restaurants. These restaurants do not have room on their property for bins and are currently placing the bins on the City owned surface parking lot that is going to be replaced with the L Street Parking Garage. The trash enclosure will provide a serviceable location for the bins during construction of the garage and an ongoing sanitary, aesthetic, and serviceable location for the bins in the future.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Authorizes the City Manager to execute a license agreement with the First Street Alehouse, attached hereto as Exhibit A, to allow the First Street Alehouse to use the trash enclosure facility being constructed by the City in the surface parking lot between Veterans Way and First Street.

2. Authorizes the City Manager to execute a license agreement with Plucked Chicken & Beer, attached hereto as Exhibit B, to allow Plucked Chicken & Beer to use the trash enclosure facility being constructed by the City in the surface parking lot between Veterans Way and First Street.

3. Authorizes the City Manager to execute a license agreement with La Botica, attached hereto as Exhibit C, to allow La Botica to use the trash enclosure facility being constructed by the City in the surface parking lot between Veterans Way and First Street.

4. Authorizes the City Manager to execute a license agreement with Los Caporales, attached hereto as Exhibit D, to allow Los Caporales to use the trash enclosure facility being constructed by the City in the surface parking lot between Veterans Way and First Street.
278
RESOLUTION NO. ________

5. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed license agreements.

On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on April 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – First Street Alehouse License Agreement
Exhibit B – Plucked Chicken & Beer License Agreement
Exhibit C – La Botica License Agreement
Exhibit D – Los Caporales License Agreement
279

EXHIBIT A
280

EXHIBIT A
281

EXHIBIT A
282

EXHIBIT A
283

EXHIBIT A
284

EXHIBIT A
285

EXHIBIT A
286

EXHIBIT A
287

EXHIBIT A
288

EXHIBIT A
289

EXHIBIT A
290

EXHIBIT A
291

EXHIBIT B
292

EXHIBIT B
293

EXHIBIT B
294

EXHIBIT B
295

EXHIBIT B
296

EXHIBIT B
297

EXHIBIT B
298

EXHIBIT B
299

EXHIBIT B
300

EXHIBIT B
301

EXHIBIT B
302

EXHIBIT B
303

EXHIBIT C
304

EXHIBIT C
305

EXHIBIT C
306

EXHIBIT C
307

EXHIBIT C
308

EXHIBIT C
309

EXHIBIT C
310

EXHIBIT C
311

EXHIBIT C
312

EXHIBIT C
313

EXHIBIT C
314

EXHIBIT C
315

EXHIBIT D
316

EXHIBIT D
317

EXHIBIT D
318

EXHIBIT D
319

EXHIBIT D
320

EXHIBIT D
321

EXHIBIT D
322

EXHIBIT D
323

EXHIBIT D
324

EXHIBIT D
325

EXHIBIT D
326

EXHIBIT D
327

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

April 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution approving revisions to the existing policy for Leasing City of Livermore- Owned Properties for Wireless Telecommunication Facilities.

RECOMMENDED ACTION

Planning Commission and staff recommend the City Council adopt a resolution approving revisions to the Policy for Leasing City of Livermore-Owned Properties for Wireless Telecommunication Facilities.

SUMMARY
The Planning Commission and staff recommend revising the existing policy for the use of City of Livermore city-owned properties for wireless telecommunication facilities. The revisions add one additional site, for a total of 14, to the list of city-owned sites that were selected for their suitability to accommodate telecom facilities. The proposed revisions streamline the permitting and leasing process for applications at these pre-selected sites and authorizes the City Manager to sign leases on behalf of the City Council that meet the policy’s objectives. Each telecommunications lease can potentially generate between $2,000 to $4,000 monthly, which will cover the administrative cost of negotiating and administering a lease. Staff also negotiates for public improvements or a park improvement contribution as part of the lease agreement. The proposed revisions increase process efficiencies while providing the community wireless telecommunication service with minimal aesthetic or operational impact.

DISCUSSION
On June 14, 2010, the City Council directed staff to develop a policy for leasing city
-owned property for
wireless telecommunications facilities. On December 10, 2010, the City Council adopted the existing policy (
see attachment 3
). The Federal Communications Commission (FCC) encourages private companies to develop innovative services for all markets. Staff has prepared an update to the existing policy (see attachment 2) to respond to innovation in telecommunication technology and an increase in market demand for telecommunication services in the city. The City Attorney's Office has provided a new lease template in combination with the proposed policy.

The proposed policy is for leases between the City and a private party and is a regulatory document. 328
Telecommunication companies would be responsible for construction, maintenance, and operation of the facility and all associated costs. The City would also be able to ensure the facilities are operated and maintained properly and in compliance with all required permits and approvals. This extra oversight will be a benefit to the community by ensuring the aesthetics of the facilities are maintained. The proposed policy is consistent with the Infrastructure and Public Services Element of the General Plan and aligns with General Plan objectives (e.g., INF- 4.1 and 4.2). The policy will ensure telecommunication services can be provided to Livermore’s growing population and business community in a manner that is fiscally and environmentally responsible, aesthetically acceptable, and safe.

The proposed policy, as updated, continues to provide guidance on locating wireless telecommunication facilities on city-owned properties. Staff recommends the following changes to the existing policy:

Authorize the City Manager to sign all leases for telecom facilities on city-owned properties. The existing policy states that the City Manager is authorized to sign leases on the city's behalf for pre- selected sites and that City Council must sign leases for all other city properties. The proposed change will authorize the City Manager to sign all leases for telecom facilities on city-owned properties and streamline the lease execution process while continuing to support the city’s and LARPD’s objectives.

Add Mocho Park to the list of pre-selected sites. Increasing demand for telecommunications services has necessitated additional telecom facilities on city-owned properties. Adding Mocho Park to the list of pre-selected sites streamlines the leasing process while still requiring all necessary land use entitlements. The City is currently in the process of negotiating and finalizing a lease for Mocho Park with a national carrier.

The leasing policy is intended to work in conjunction with the Wireless Telecommunication Facilities Ordinance (Telecom Ordinance, Livermore Development Code section 6.02.100), as it exists now or is amended in the future. The policy does not supersede the Telecom Ordinance or any other regulations.

The policy, as amended, lists 14 city-owned properties that are suitable for telecom facilities. The following sites were selected based on a number of criteria such as land use compatibility, visual impact, and suitability to provide coverage.

1. Water Tanks and Communication Tower, Doolan Road

2. Water Tank Site, Dalton Road

3. Las Positas Golf Course

4. Springtown Open Space (Springtown Golf Course)

5. Civic Center Library, 1188 South Livermore Avenue

6. Water Treatment Plant, 101 West Jack London Boulevard

7. Livermore Valley Center Parking Garage, 2350 Railroad Avenue

8. Cayetano Park, Portola Road and Isabel Avenue

9. Ernie Rodriguez Sports Fields, Robertson Park

10. Independence Park, 2798 Holmes Street

11. William Payne Sports Park, 5800 Patterson Pass Road

12. Robert Livermore Park, 4444 East Avenue

13. May Nissen Park/Rincon Library, 685-725 Rincon Avenue

14. Mocho Park, 1174 Mocho Street

PLANNING COMMISSION
329

On March 21, 2023, the Planning Commission reviewed the proposed amendments, considered staff recommendation, and adopted a resolution recommending the City Council approve Policy (POL) 23-001 with the recommendation that Council consider alternate fuel source generators instead of diesel generators in the lease template (see attachment 5). Staff has updated the lease template to encourage alternate fuel source generators and discourage diesel generators (see attachment 2).

OTHER AGENCY COMMENTS

The proposed policy is a result of collaboration between City and LARPD staff. LARPD is supportive of the policy, including the proposed revisions. LARPD also suggested adding Mocho Park to the pre- selected list. The policy does not grant the City any property rights that it does not already have; it provides ground rules for leasing city-owned property for telecom facilities, including the participation of LARPD in the review of all applications proposed on city-owned, LARPD-managed properties.

Furthermore, the policy states that telecom facilities must not interfere with the primary use of the property, including any park functions.

ENVIRONMENTAL DETERMINATION

The proposed policy is not a project as defined in the California Environmental Quality Act (CEQA) Guidelines Section 15378, since "project" does not include continuing administrative or maintenance activities such as general policy and procedure making. Furthermore, individual applications for entitlements on city-owned property will be subject to CEQA requirements on a separate basis.

FISCAL AND ADMINISTRATIVE IMPACTS

The proposed policy facilitates the leasing of city-owned sites for telecommunications facilities. The market lease rate for a telecom facility typically ranges between $2,000 and $4,000 monthly, which will generate revenue to the City. For city-owned sites that are managed by LARPD, the lease revenue will be shared between the City and LARPD. Lease payments and any negotiated lease execution charge will cover the administrative cost of negotiating and administering the leases. Therefore, implementation of the proposed policy for leasing city-owned sites will have a positive fiscal impact with limited administrative cost.

COMMUNITY PILLAR

5: A City That Works

GOAL

7: Develop, operate, and maintain the City's infrastructure

ATTACHMENTS

1. Map of Preselected Telecom Sites

2. Proposed Policy and Lease Template

3. Existing Policy
330

4. Resolution

5. Exhibit A - Planning Commission Resolution 05-23

6. Exhibit B - Planning Commission Staff Report

7. Exhibit C - Planning Commission Meeting Minutes

Prepared by: Kam Purewal
Associate Planner

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
331
w a:>
...Ji,.
"♦'
Water Tanks and Communication Tower, Doolan Road
Water Tank Site, Dalton Road
Las Positas Golf Course
Springtown Golf Course
Civic Center, 1188 South Livermore Avenue
Water Treatment Plant, 101 West Jack London Boulevard
Livermore Valley Center Parking Garage, 2350 Railroad Avenue Cayetano Park, Portola Road and Isabel Avenue
Ernie Rodriguez Sports Fields at Robertson Park
,1 Independence Park, 2798 Holmes Street
William Payne Sports Park, 5800 Patterson Road
Robert Livermore Park, 4444 East Avenue
May Nissen Park/Rincon Library, 685-725 Rincon Avenue
Mocho Park, 1130 Mocho St
1 1
ATTACHMENT 1
332
DRAFT

POLICY FOR LEASING CITY-OWNED PROPERTY FOR WIRELESS

TELECOMMUNICATION FACILITIES

CITY OF LIVERMORE
Purpose
The purpose of this policy is to facilitate the placement and permitting of wireless telecommunication f acilities 1 (hereafter called “ telecom facilities") on City-owned property to meet the communication needs of the public with minimal aesthetic impacts on the community. T o meet this goal, this policy identifies appropriate s ites and design standards for establishing telecom facilities o n City property. The policy is intended to streamline the permit approval process for telecom facilities on pre- selected City-o wned properties. It is not intended to supersede the Liv ermore Development Code (LDC), as it exists now or is amended in the future, or any other local, state, or federal code regulating telecom facilities.

Location
Several City-owned properties are desirable sites for telecom facilities for several reasons, including their location, relatively large size, quan tity of open space, and the convenience of a single property ow ner representing multiple properties throughout the City. The inventory of City-owned property was studied to identify appropriate sites for wireless telecom facilities. The sites were selected using the following criteria:
• V
isual impact. The si te is conducive to placing the telecom facility into the existing environment in a visually unobtrusive manner.
• Access. The site mus t be accessible to the telecom operator for maintenance and repair allowing access by a service vehicle as necessary. • Sufficient buffer or setback. There is sufficient space on the site to provide adequate setback/ buffer from adjacent uses.
• Compa
tibility with existin g use. The telecom facility must not impede existing and/or planned use of the property and surrounding land. 1 Wireless telecommunication facilities are defined as a land use that consists of one or more antennas and antenna supporting structures, accessory equipment, buildings or cabinets/ fences, and any related components that are used to send or receive limited range radio frequency signals for commercial cellular telephone service, personal communications service, Internet access service, or other video, voice or data communication services. (Proposed Policy)
ATTACHMENT 2
333
• Sensitive receptors on adjacent properties. Sites close to dense population, schools, biological habitat, and scenic vistas should be evaluated by the applicant and a Alternative Sites Analysis should be provided. A site may be selected near a sensitive receptor if the alternative sites are infeasible by staff.
• Proximity to telecom users. Sites near tr ansportation corridors and dense population are preferable for their ability to cover more telecom users. • The lack of other viable sites in the area. In some areas of the City very few sites meet all the criteria above. In such areas, City owned properties, such as parks, are often the best alternativ e with the least potential for visual impact on the environment.

City-owned properties were evaluated based on the above criteria and the following sites described
below, were identified as desirable locations for telecom facilities. Where appropriate, further details are given regarding the specific location within the property and requirements for co- locating on an exi sting structure and/or the type of pole to be constructed for the specific site.

P
re-Selected Sites:

1. Water Tanks and Communications Tower. Doolan Road. Locate antennas on existing communication tower, replace existing tower with a slim-line pole, or construct a new slim-line pole near the existing tower or lattice tower if necessary.

2. Water Tank Site. Dalton Road. Locate antennas on a new slim-line pole or a new camouflage tree pole outside of the interior security fence. Ground equipment should be screened by evergreen plants.

3. Las Positas Golf Course. 917 Clubhouse Drive. Locate antennas on a new camouflage tree pole near maintenance building or on poles supporting nets at the driving range. Ground equipment should be screened by evergreen plant material.

4. Springtown Open Space (former Springtown Golf Course). 939 Larkspur Drive.

Locate antennas on a new slim -line pole or a camouflage tree pole near the maintenance building at the north end of the open space. Ground equipment should be screened by evergreen plant

5. Civic Center. 1188 South Livermore Avenue. Locate antennas on a new slim-line pole behind library (east of building). Ground equipment should be screened by evergreen plants.

6. Water Treatment Plant. 101 W. Jack London Boulevard. Co-locate on existing structures or new monopole in interior of the site.

7. Livermore Valley Center Parking Garage. 2350 Railroad Avenue. Co-located ATTACHMENT 2
334
on parking structure or a new slimline monopole on the north side of the property, near the railroad.

8. Cayetano Park. Portola Avenue, east of Isabel Avenue. Locate antennas on sports field lights.

9. Ernie Rodriguez Sports Fields at Robertson Par k. South Livermore Avenue, north of Concannon Boulevard. Locate antennas on s ports field light poles.

Ground-mounted equipment shall be screened by opaque
:,,

fence or wall.

10. Independence Park. 2798 Holmes Street. Locate antennas on new camouflage tree pole north of parking lot. Gr ound-mounted equipment s hall be screened by evergreen plants.

11. William Payne Sports Park. 5800 Patterson Pass Road. Locate antennas on new sports field light poles or new slim-line pole. (Currently there are no sports field lights at the park, but lights are in the LARPD Master Plan as a planned improvement.)

12. Robert Livermore Park. 4444 East Avenue. Locate antennas on a new camouflage tree pole in the interior of the park near existing trees, on rooftop at the rear of the Robert Livermore Community Center building, or on new field lights. Rooftop antennas must be located within an architecturally integrated screen.

13. May Nissen Park/ Rincon Library. 685-725 Rincon Avenue. Locate antennas on a new camouflage tree pole west of the library building. Ground equipment should be screened by evergreen plants. Alternatively, new sports field or swimming pool lights may be constructed to support new antennas. Ground equipment near the swimming pool or basketball courts may be screened by an opaque wall or fence.

14. Mocho Park. 1174 Mocho Street. Locate new pole and associated equipment to the northwest corner of the site near existing tr ees. Ground mounted equipment shall be screened by evergreen plants.

6.02.100 Wireless Telecommunication Facilities, as it exists now or is amended in the future. The telecom facility shall be sited so it does not interfere with the primary use of the property. Ground-mounted support equipment at all sites must be screened from
public view.

These pre-selected sites have been assessed as appropriate locations for a telecom ATTACHMENT 2
335
facility and review will focus mainly on the details of each specific proposal.

Telecom facilities proposed on City-owned property not identified as a pre-selected site may still be considered with the approval of a Planning Entitlement following the requirements of the Development Code, as it exists now or is amended in the future.

Design
Each site requires its unique set of design standards based on the surrounding context.

For example, a telecom facility designed to appear like a tree is appropriate for a site that has trees of comparable height as the proposed pole. But an imitation tree-pole may not be appropriate in a developed area barren of trees. When an imitation tree-pole is proposed, it must match the appearance of the natural trees in the immediate vic inity, as much as feasible, as determined by the City. The amount of branches and foliage must be of sufficient density to effectively screen the antennas and other pole-mounted equipment, as determined by the City.

Ground-mounted equipment must also be designed and/or screened to have the least possible visual impact on public areas. T he design intent for each sit e is to blend a telecom facility into the existing context in the most aes thetically sensitive manner possible. The project is expect ed to conform t o the design standards for a telecom facility as set forth in LDC Section 6.02.100, as it exists now or is amended in the future.

Permitting
New telecom facilities on City-owned property will be required t o go through the appropriat e entitlement process required by t he Development Code, as it exists now or is amended in the future. Prior to construction, a Building Permit is r equired for a new telecom facility. All telecom facilities on City property must conform to the LDC, Building Code, the California Environmental Quality Act (CEQA) and all applicable focal, State, and Federal regulations.

Applications to locate telecom facilities on buildings or structures owned and maintained by the Livermore Area Recreation and Park District (LARPD) on land owned by the City must receive the written approval from LARPD prior to permit i ssuance.

Telecom facilities proposed on City property that are not a pre-selected site can be considered in accordance wit h the r equirements of the LDC, as it exists now or is amended in the future. However, these sites may possess difficult land use and design issues that are not present on the preferred sites and, therefore, may require additional effort by the applicant to conform to the standards set forth in the LDC, as it exists now or is amended in the future. The Community Development Director is authorized t o determine the appropriateness of such sites for leasing purposes.

Such sites will be required t o go through the appropriat e entitlement process as required by the LDC, as it exists now or is amended in the future.

ATTACHMENT 2
336
Modifications to an existing facility or co-location of additional equipment on an existing facility will be required to go through the appropriate entitlement process as required by the L DC.

Separate negotiations
for the lease document are based on the model lease
agreement approved by the City Attorney. Any amendments to the model lease agreement
shall be subject to review and approval by the City Attorney.The City Manager is authorized to sign the lease on the City's behalf for telecom facilities on pre-selected sites and all other City owned properties that meet the objectives of this policy a s determined by the Community Development Director.

Lease rates for each location shall be based on comparable market rates at the time of executing the lease. The initial term of the lease shall be five years, unless the City and the telecom operator mutually agree to a different term. The lease shall include the following standard provisions:
• The telecom facility must not interfere with public safety frequency • The telecom facility must comply with FCC rules and regulations • The lessee must maintain the facility in good condition • The lessee must remove the facility if abandoned and return the site to previous conditions
• The lessee must obtain and pay for required land use entitlements and comply with the conditions of approval
• The lessee must bear all construction costs, including extension of utilities, and install separate utility meters
• The lessee must repair damage to city property and, when applicable, LAPRD property
• The operation, maintenance, and access to/from the telecommunications facility shall not materially interfere with the operation, security and maintenance of any
City or LARPD facility
• The lease must be amended if the facility is expanded and/or equipment is added, unless the lease specifically states otherwise
ATTACHMENT 2
337
Recreation and Park District (LARPD), the lease shall be between the City and the telecom operator. A telecom facility application at a park operated and maintained by LARPD will be sent to the LARPD General Manager for review and comments, before the City makes a decision on the land use entitlement(s). Furthermore, the City shall set aside a portion of the lease payment to LARPD per an approved Revenue-sharing agreement.

For telecom facilities proposed on land owned by LARPD, LARPD has the option of retaining the City to draft, negotiate, and manage the lease with the telecom operator in exchange for a share of the lease revenue. The lease will be between LARPD and the telecom operator and the City would serve as LARPD’s representative.

The specific terms for the sharing of revenue shall be established in a Revenue-Sharing Agreement between the City and LARPD, subject to the approval by the City Council and the LARPD Board.

Attachments:

A. Exhibit A – Telecom Lease Template
ATTACHMENT 2
Revenue-Sharing with LARPD
For City-owned Park land that is operated and maintained by the Livermore Area 338

LEASE FOR INSTALLATION OF WIRELESS TELECOMMUNICATIONS FACILTY THIS LEASE FOR INSTALLATION OF TELECOMMUNICATION EQUIPMENT (“Lease Agreement”) is made as of this ____ day of ___________, 20XX (“Effective Date”), by and among the City of Livermore (“City”), a municipal corporation, having its principal place of business at 1052 South Livermore Avenue, Livermore, CA 94550, and (Lessee).

Re
citals
City is the owner of the property located ________, in the City of Livermore, County of Alameda, State of California 94550, and more particularly described in the legal description attached as Attachment “A” ("P
roperty").

On January 10, 2011, the City adopted Ordinance no. 1927 (General Zoning Text Amendment No. 10-398) to regulate the permit processing, location, and design of wireless telecommunications facilities On December 13, 2010, the City adopted a policy for leasing City-owned property for wireless tel
ecommunication facilities (“Policy”) (Resolution no. 2010-201, Policy Proposal 10-003) that include the Property.

The Lesse
e is a telecommunications operator that desires to rent a portion of the Property from the City to install a wireless telecommunication facility for its telecommunications system. The City desires to lease
a portion of the Property to the Lessee for that purpose.

The Lessee has applied for and obtained land use en titlements for a wireless telecommunications facility on the Property: _________(“Entitlements”).

Agreement
NOW, THEREFORE, in consideration of t he mutual promises contained herein, the parties hereby agree as follows:

1. Recitals.

The aforementi oned recitals are true and correct.

2. Leased Areas.
(a) Descrip
tion. For and in consider at ion of the mutual terms, covenants and conditions contained herein, the following areas are leased by Lessee under this Lease Agreement. (1) Leased Areas: The Leased Areas (as described in Attachment B) shall include XXXX square feet for a generator, utility connection lines and access route to Lessee’s Wireless Telecommunication Facility on the Property. Alternative fuel source generators are encouraged. Diesel generators are discouraged. These areas shall be collectively referred to in this Lease Agreement as the “Leased Areas.”
(b) Appurtenant Rights. The appurtenant rights granted by this Lease Agreement are as follows:
(1) For the duration of this Lease Agreement, including any extensions thereof, Lessee is hereby granted a non- exclusive access over, in, and across the Property’s common areas to the Leased Areas for the limited purpose of installing, maintaining, servicing, replacing, and operating Lessee’s Wireless Telecommunication Facility as defined in section 3 below.

ATTACHMENT 2

EXHIBIT A
339
The right of access is limited to Lessee, its employees, agents and designated representatives, and is expressly conditioned upon Lessee’s compliance with all terms and conditions of this Lease Agreement. The right of access does not grant Lessee any right across, over or through any occupied areas on the Property. (
2) Lessee shall establish a non-exclusive utilities path for the connection of utilities to the Leased Areas in this Lease Agreement, but shall coordinate with City regarding the placement of such utilities in joint trenching. City hereby grants to Lessee a license coupled with an interest for this purpose

3. W
ireless Telecommunication Facility:

The A
ntennas, Tower and Equipment, and connections between them and to utilities, are collectively referred to as the “Wireless Telecommunication Facility” for this Lease as described below in detail and in Attachment B.
(
a) A
ntennas and Tower. Lessee has installed _____ _____ high panel antennas, on a ______foot high tapered pole identified in Attachment “B” (“Antenna”) for the operation of a telecommunications system. (
b) E
quipment. Less ee has installed the following equipment within the Leased Areas identified i n Attachment “B”: ____________________

4. Ter m.

The init ial term of this Lease Agreement shall be for five (5) years (“Initial Term”) commencing on the Effective Date. Lessee shall have the option to extend the term of this Lease Agreement for two additional five (5) year terms after the Initial Term expires (“Extended Term”). The Extended Term shall be deemed automatically exercised by Lessee without the requirement of delivering a written notice to the City unless Lessee notifies the City in writing no later than ninety (90) calendar days before expiration of the Initial Term that Lessee elects not to exercise the option for the Extended Term. If Lessee is in material default beyond the applicable cure under this Lease Agreement at the time of exercising its option to extend the Term of this Lease Agreement, the option notice shall be ineffective and Lessee shall have no right to extend the Term beyond the Initial Term until and unless Lessee cures the applicable material default prior to the commencement of the Extended Term. The Base Rent and any Additional Rent for the Extended Term shall increase as set forth in Paragraph 5(c) below. The Initial Term and the Extended Term are hereinafter collectively referred to as the “Term”.

5. R
ent and Deposits.
(
a) O
ne-Time Lease Execution Charge and Park Improvement Contribution. Wit hin 30 days of t he Effective Date of this Lease Agreement, Lessee shall pay City the amount of ____ Thousand and No/100 Dollars ($_,000.00) as a one -time Lease Execution Charge mailed to the City of Livermore, Attention:

Finance Dept. Accounts Receivable, 1052 S. Livermore Avenue, Livermore, CA 94550. (
b) B
ase R ent. Commencing upon the Effective Date, Lessee shall pay City, as rent, the sum of ($ X,XXX) (“Base Rent”) per month. The Lessee shall pay a pro-rata share of the Base Rent in the first month of the Lease Agreement based on the Effective Date. Lessee’s first Base Rent payment to the City shall be made within thirty (30) days of the Effective Date. Thereafter, Lessee shall pay the Base Rent to the City in advance on the first day of each month during the Term of this Lease Agreement. If that date falls on a weekend or a legal holiday, the Base Rent is due on the next business day. The payments are to be made to the City and mailed to the City of Livermore, Attention: Finance Dept. Accounts Receivable, 1052 S.

Livermore Avenue, Livermore, CA 94550.
(
c) Re
nt Adjustment. On July 1st every year during the Initial Term and the Extended Term, the Base Rent shall be increased by a fixed rate of _____ percent (X.XX%) of the annual rent paid in the immediately preceding year.
(d) Addi
tional Rent. In the event that Lessee requests and the City approve the installation of ATTACHMENT 2
340
additional antennas above the approved configuration shown in Attachment B and described above in Section 3, Lessee shall pay the sum of _______ ($XXX.00) per month (“Additional Tower Rent”), in addition to the Base Rent, for each additional antenna installed, which Additional Tower Rent shall commence upon the first (1st) day of the month following the commencement of installation of the applicable antenna. In the event that Lessee requests and the City approves the installation of additional equipment outside of the Leased Area as described above in Section 3 and shown in Attachment B, additional rent may be required as negotiated between City and Lessee (“Additional Ground Space Rent”) in addition to the Base Rent, which Additional Ground Space Rent shall commence upon the first (1 st) day of the month following the
commencement of installation of the applicable equipment. The additional rent in either case shall be distributed to the City pursuant to section 5(b) above. (
f) D
eposits. To secure the performance of its obligations under this Lease Agreement, the Lessee is required to make the following deposits with the City within thirty (30) days of the Effective Date:
(
1) General Perfor mance Bond: The Lessee shall furnish to and maintain with the City, in a form acceptable to the City’s Attorney, a non -revocable performance-and-payment bond in the amount of One Hundred Thousand Dollars ($100,000) to ensure the Lessee’s faithful pe rformance of all the terms and conditions in this Lease Agreement, including without limitation the monthly payment of the Base Rent and Additional Rent, and the restoration of the Property to the extent required pursuant to the terms and conditions of this Lease Agreement. (
2) Certificate of Deposit: The Lessee s hall furnish to and maintain with the City, in a form acceptable to the City’s Attorney, a joint Certificate of Deposit in the amount of Ten Thousand Dollars ($10,000) to ensure the Lessee’s faithful performance of all the terms and conditions in this Lease Agreement, and which is payable as described in this subsection. The Lessee, but not the City, may draw all the interest earned on such an account. The City, but not the Lessee, may draw the principal of such an account to cure any default that the Lessee failed to correct in accordance with the provisions in Section 28 of this Lease Agreement. If the City draws the principal, the Lessee must replenish the draw within thirty (30) days following Lessee’s receipt of written notice from City for any such amount.

6. Ut
ilities. The Les s ee is responsible for obtaining utility connections for the Equipment and the Wireless Telecommunications Facility. The Lessee shall establish all utility accounts in its name and is responsible for all charges and fees associated with the account. The Lessee may install over, in, and across the Property such cables, wires, or pipes reasonable necessary to deliver utility services to the Leased Areas (“Service Lines”), in a manner that does not interfere with the City’s use or operation of the Property. The Lessee must obtain the City’s prior written approval, not to be unreasonably withheld, conditioned or delayed, for the design and location of the Service Lines before they are installed. If required by the City for a legitimate governmental purpose, the City may require the Lessee to redesign or relocate the Service Lines, or to connect to existing services, provided that such redesign or relocation shall not r esult in a materia l
r
eduction in the quantity or quality of services which Lessee enjoyed prior to the redesign or relocation.

7. City
’s Rights. C ity reserves the right to use the Property for City’s operations. It is understood that construction, reconstruction, maintenance facilities or improvements for City, present or future, upon said Property shall at all times be paramount to any rights under this Lease Agreement, provided that City will not materially and adversely interfere with Lessee’s use of the Leased Areas. Lessee’s construction, reconstruction, maintenance, and use of the Lessee’s Wireless Telecommunications Facility, and all work upon or in connection therewith, shall not materially and adversely interfere with the City’s present or futur e
oper
ations on the Property. The location of the Wireless Telecommunications Facility, the construction, reconstruction, and maintenance thereof, and all work in connection therewith, shall be done and m ade under
the supervision of and to the reasonable satisfaction of City.

8. U
se of Leased Areas.
(
a) The Lessee’s initial use of the Leased Areas is limited to the installation, maintenance, repair, ATTACHMENT 2
341
replacement, upgrade and operation of the Equipment for a Wireless Telecommunications Facility in compliance with this Agreement as described in Section 2 and 3 above and the conditions of approval in the Governmental Approvals, which are incorporated into this Lease Agreement by reference as though set forth in full. Lessee will be allowed to make such alterations to the Leased Areas consistent with the Governmental Approvals or such amendments thereto as may be approved, in order to ensure that Lessees’ Wireless Telecommunications Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Lessee desires to modify or upgrade the Equipment, in a manner that requires an additional portion of the Property outside of the footprint of the Leased Areas, then for such modification or upgrade Lessee shall request from the City a lease modification to address the additional square footage which Lessee requests to be added to the Leased Areas. If City is agreeable to provide the additional square footage to Lessee, it may condition its approval of a lease modification on a commercially reasonable increase in the Rent.
(
b) N
otwithstanding Subsection 6(a) above, following the initial installation of the Wireless Telecommunication Facility, Lessee shall have the right to add, upgrade or otherwise modify its Wireless Telecommunications Facility in any portion of the Leased Areas provided that Lessee must secure all necessary Governmental Approvals from the City prior to undertaking the addition, upgrade or other modification. Additionally, Lessee shall notify City of any proposed addition, upgrade or modification of its Wireless Telecommunications Facility; however, the City’s consent to such addition, upgrade or modification shall not be required pursuant to this Lease Agreement as long as Lessee shall have secured all necessary Governmental Approvals.
(c)
Changes in Wireless Telecommuni cations Facility . Lessee shall not modify, alter, replace, upgrade or otherwise change the wireless telecommunications facility identified in Attachments B without the prior written consent of City, which consent shall not be unreasonably withheld, conditioned or delayed.

Lessee shall secure all proper governmental approvals and permits for said changes, if any, are necessary.

Such changes may be subject to additional rent per Section 5(d) below.

I
n order
to obtain consent from City for any change in the Wireless Telecommunications Facility, Lessee, at its own cost and expense, shall explain the effect of the change and demonstrate to the reasonable satisfaction of City that the change will not interfere with or impair the use of the City property for its intended use or interfere with City communication systems, including public safety, in conformance with Section 16 below.

9. Li
mited Right of Access and Utility Access. Access to the Leased Areas shall only be from _______________________ as shown on Attachment B. Concurrent with the Term of this Lease Agreement, the City allows the Lessee a _______ foot wide non- exclusive access license, which license shall not be revocable during the Term of this Lease Agreement, as further depicted on Attachment “B”, over, in, and across the Property to the Leased Areas The City may, in its discretion, relocate the Lessee’s access path to the Leased Areas, provided that the access path shall provide contiguous pedestrian and vehicular access to and over the Property to the Lease Areas. The right of access is limited to the Lessee, its employees, agents, contractors and designated representatives, and is expressly conditioned upon
c
ompliance with all terms and conditions of this Lease Agreement. The City hereby grants the Lessee a license, which license shall be irrevocable during the Term to install, maintain, replace, repair, upgrade and operate utilities in ___________ foot wide utility route leading from the leased Areas to ______________ as further depicted on Attachment B. Any such utility or access path shall be prepared by the Less ee and
r
eviewed and approved by the City prior to recordation, if required.

A
ny acces
s by any person(s) not cleared pursuant to the terms of this Lease Agreement is a material breach of the Agreement and, may be cause for termination of the Lease Agreement in the event that such material breach is not cured by Lessee following receipt of written notice from the City and the reasonable opportunity to cure the material breach in accordance with the default provisions set forth in Section 28 of this Lease Agreement.

10. Co-Loc
ation. The Lessee is encouraged to permit other wireless telecommunications providers to ATTACHMENT 2
342
collocate on its Wireless Telecommunications Facility consistent with the Policy and Entitlements. In relation thereto, Lessee shall have the right to sublease or sublicense space on its Equipment to other third party co- locators provided that Lessee shall require each such co-locator (i) to obtain a separate ground space lease from the City and (ii) any required Governmental Approvals prior to allowing such co -locator to install any equipment on Lessee’s Equipment. In such event, City shall be entitled to retain all revenue derived from its separate ground space lease with each co-locator and Lessee shall be entitled to retain all revenue derived from each sublease or sublicense of its Equipment and Tower with each co-locator.

11. Rules. Les see shall comply with the following rules for the use of the Leased Areas, and such other changes or rules as may be imposed by City from time to time after reasonable written notice to Lessee thereof:

(a) Lessee s
hall comply with all statutes, laws, rules and regulations (“Laws”) concerning Lessee’s use the Leased Areas, without limitation, the laws of the United States of America, the State of California, and/or the ordinances, regulations and requirements of the County of Alameda, the City of Livermore or other lawful authorities.

(b) Lessee shall not allow or authorize, the Leased Areas, or any part thereof, to be used in violation of the statutes, laws, rules and regulations of the United States of America, the State of California, and/or the ordinances, regulations and requirements of the County of Alameda, the City of Livermore or any other lawful authorities with jurisdiction over the use or the Leased Areas.

(c) Lessee shall install all required safety notices related to the operation of the Wireless Telecommunications Facility, including those required for radio frequency emission safety.

(d) Lessee shall not leave or store any trash, garbage, or refuse of any kind in, on, or about the Property or Leased Areas and shall cause any refuse, trash, paper or other waste deposited on the Property or Leased Areas by any of its employees, agents, or designated representatives to be picked up and disposed of in the appropriate manner so as to keep the Property and Leased Areas in a neat and clean condition

(e) Lessee shall not use, commit, or allow or permit to be used or committed, any waste upon the Facility.

(f) Lessee shall not use, commit or allow or permit to be used or committed any legal nuisance or any unauthorized use of the Property.

(g) Lessee and its agents and employees shall not hunt on the Property (or discharge weapons of any kind while on the Property.

(h) No alcoholic beverages shall be consumed on the Property.

(i) Lessee shall use the access route as shown on Attachment B on the Property to the Leased Areas and shall not travel any other road on the Property or open fields except in cases of emergency or with the prior authorization of City Staff.

(j) Lessee shall observe a reasonable speed limit on the Property.

(k) Smoking, use of matches, or open fires shall not be permitted on the Property.

(l) The Lessee shall remove all graffiti and repair any vandalism to the Equipment and Leased Areas within three (3) working days of the Lessee’s receipt of a written notice of its existence from the City, or agency maintaining the Property for the City, to the Lessee. Emergency access is exempt from this requirement.

ATTACHMENT 2
343

12. Lessee’s Responsibilities.

(a) Engineering. The Lessee is responsible for conducting its own engineering and analysis of the Wireless Telecommunications Facility and the Leased Areas to ensure that the wireless telecommunications facility is designed to meet its needs.

(b) Governmental Approvals. The Lessee shall comply with all applicable requirements, rules, regulations, including environmental and workplace safety requirements, related to installation, operation, repair, replacement, and maintenance of the Wireless Telecommunications Facility, including all requirements imposed or permits required by the City of Livermore, County of Alameda, the State of California and the United States of America. The Lessee expressly acknowledges that the City is not responsible for obtaining or maintaining any necessary governmental approvals on behalf of Lessee for the Wireless Telecommunications Facility. The Lessee will be required to obtain all necessary permit and inspection approvals through the entitlement and building permit process and pay any required permit fees.

City agrees that Lessee's ability to use the Leased Areas is contingent upon the suitability of the Leased Areas and Property for Lessee's permitted use and Lessee's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Lessee for its use of the Leased Areas, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"). City, as landowner, authorizes Lessee to prepare, execute and file all required applications to obtain Government Approvals for Lessee’s permitted use under this Lease Agreement. In addition, Lessee shall have the right to initiate the ordering and/or scheduling of necessary utilities.

(c) Pre-construction Conditions and Changes After Installation. Les see has the right to obtain a title
report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. Lessee may also perform and obtain, at Lessee’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Lessee’s use of the Leased Areas will be compatible with Lessee’s engineering specifications, system, design, operations or Government Approvals. Lessee agrees that prior to construction of the Wireless Telecommunications Facility or demolition, repair, removal or alteration of existing facilities, details of the proposed scope of work must be submitted in advance and in writing to City for review and approval, such review and approval not to be unreasonably withheld, conditioned or delayed. Lessee will reimburse City for any required permit costs incurred by City in reviewing Lessee’s work plan and for City’ inspection of construction activities.

Lessee shall comply with all of the terms of any building or encroachment permits issued by City. Once Lessee’s Wireless Telecommunications Facility is installed, Lessee will not make any material alterations to it without obtaining the prior written approval of City, consistent with the Changes Section 8(c).

(d) Physical Interference. The Lessee’s installation, maintenance, and operation of the Wireless Telecommunications Facility, as well as its access to the Leased Areas, shall not interfere with the City’s use or operation of the Property. Notwithstanding the foregoing, City hereby confirms that the location of the Leased Areas, including the Service Lines and access to the Leased Areas as depicted on Attachment “B” do not interfere with the City’s use of operation of the Property as of the Effective Date. Said Service Lines may be relocated by the City in the future subject to Section 8 (d) above.

(e) Maintenance and Repairs. Lessee shall be required to provide City with prior written notice of not less than 72 hours prior to any maintenance being performed on the Wireless Telecommunications Facility.

Lessee shall be obligated to pay City the actual hourly inspection fees incurred during all maintenance, if any such inspection is necessary. In the event of an emergency, Lessee shall immediately notify City of its intent to access the Facility prior to performing any maintenance or repairs.

13. Vegetation. Lessee further agrees
that no vegetation, if any, will be damaged and/or removed during installation or maintenance of the Wireless Telecommunications Facility without the City’s prior written approval.

ATTACHMENT 2
344

14. Possessory Interest Tax . Lessee shall pay all possessory interest taxes, assessments and other governmental charges of any kind applicable to this Lease Agreement and Lessee’s occupancy of the Leased Areas assessed during the Term of this Lease Agreement. This obligation continues until such time as this Lease Agreement expires or is terminated and Lessee no longer has possession of the Leased Areas and has satisfied its obligation to remove the Wireless Telecommunications Facility and restore the Property to its original condition.

15. Hazardous Materials.
(a) I n addition to the rules and restrictions set forth in this Lease Agreement, Lessee shall not cause or permit any Hazardous Materials to be permanently stored, used or disposed of, on or in the Leased Areas without first having obtained City’s prior, written approval. If Hazardous Materials are stored, generated, used or disposed of on or in the Leased Areas without the City’s approval, or if the Leased Areas become contaminated in any manner for which Lessee is responsible, Lessee shall indemnify and hold City harmless from any and all claims, damages, fines, judgments, penalties, clean-up costs, liabilities or losses (including without limitation, a decrease in value of the Leased Areas, Property, and adjacent real property or damages due to adverse impact on marketing of the Leased Areas), and any and all sums paid for settlement of claims, attorney’s fees, consultant and experts’ fees arising during or after the Term and arising as a result of such Hazardous Discharge or Contamination by Lessee or its employees, agents, or designated representatives. For purposes of this Lease Agreement, the following terms shall have the meanings set forth below:

(i) “Hazardous Materials” shall mean any toxic or hazardous wastes, pollutants, materials or substances, including, without limitation, asbestos, PCB’s, petroleum products, radioactive substances or their by -products, other substances defined or listed as “hazardous substances”, “hazardous materials”, “hazardous wastes” or “toxic substances in or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq ., (“CERCLA”); the Hazardous Materials Transportation Act, 49 USC Sections 1802, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq.; the Toxic Substance Control Act of 1976, 15 U.S.C. §§2601 et seq.; any "toxic pollutant" under the Clean Water Act, 33 U.S.C. §§1251 et seq.; any hazardous air pollutant under the Clean Air Act, 42 U.S.C. §§7901 et seq.; the California Hazardous Substance Account Act, California Health & Safety Code ("CH&SC") §125300 et seq., the Hazardous Waste Control Law, CM&SC §§25100 et seq .; in or pursuant to or identified as causing cancer or reproductive toxicity in the California Safe Drinking Water & Toxic Enforcement Act of 1986, CM&SC §§25249.5 et seq.; and CM&SC §§ 25249.8, 25117, 25316; all as such laws may be amended; any hazardous or toxic substance, material, chemical, waste or pollutant now or hereafter regulated under any other applicable federal, state or local environmental laws, without limitation; and any other matter in the nature thereof arising pursuant to the jurisdiction of any public agency.

(ii) “Hazardous Discharge” and “Contamination” shall mean the happening of any event involving an emission, spill, release or discharge (“Release”) into or upon (a) the air, (b) soils or any improvements located thereon, (c) surface or ground water, (d) the sewer, septic system or waste treatment, storage or disposal system servicing the Leased Areas, of any Hazardous Material, or (e) any other matter in the nature thereof arising pursuant to the jurisdiction of any public agency.

(iii) “Environmental Laws” shall mean all applicable federal, state and local laws, ordinances, regulations, orders, procedures, policies and directives of every kind and nature whatsoever pertaining to Hazardous Materials in, at, on, under or from the Leased Areas or any portion thereof, and any other matter in the nature thereof arising pursuant to the jurisdiction of any public agency.

(b) City represents and warrants (i) to the best of the City’s knowledge, the Property, as of the date of this Lease Agreement, is free of hazardous substances, including asbestos-containing materials and lead paint, and (ii) to the best of the City’s knowledge, the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation.

City and Lessee agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health ATTACHMENT 2
345
and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property.

(c) Lessee agrees to hold harmless and indemnify the City, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (“Claims”), to the extent arising from Lessee’s breach of its obligations or representations under this Section 15. City hereby agrees that Lessee shall have no duties, responsibilities and liabilities at for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date of this Lease Agreement or from such contamination caused by the acts or omissions of the City during the Term except to the extent that Lessee’s operations on the Property directly exacerbate such contamination .

(d) The indemnification of the City by Lessee in this Section 15 specifically includes reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean- up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 15 will survive the expiration or termination of this Lease Agreement.

(e) In the event Lessee becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Lessee’s sole determination, renders the condition of the Leased Areas or Property unsuitable for Lessee’s use, or if Lessee believes that the leasing or continued leasing of the Leased Areas would expose Lessee to undue risks of liability to a government agency or third party, Lessee will have the right, in addition to any other rights it may have at law or in equity, to terminate this Lease Agreement upon written notice to City.

16. Frequency Compatibility and Interference. Less
ee’s operation of the Wireless Telecommunications
Facility shall not interfere with any existing City, or City lessee’s, communication systems for public safety or City operation purposes on the Property (including the adjacent Livermore Police public safety communication tower), provided that such operation is installed and operating in compliance with applicable Laws. In addition, Lessee shall not interfere with existing City commercial lessee’s communication systems (e.g. there is a commercial telecom carrier on the Police public safety tower), provided that such operation is installed and operating in compliance with applicable Laws

Lessee shal
l provide for complete frequency compatibility with all other radio transmitting equipment currently existing on the property and any future equipment owned and installed by City for public safety or City operational purposes. In the event an interference problem arises which creates a bona fide emergency with the essential communications for public safety communication and data retrieval functions for the City, which interference problem cannot be eliminated by Lessee no more than twenty -four (24) hours after Lessee’s receipt of notification to do so by City, t hen the Lessee must take the suspected portion of the Wireless Telecommunications Facility out of service until the problem is corrected to the affected city’s satisfaction, at Lessee’s sole expense.

If interference from Lessee’s Wireless Telecommunications Facility is suspected in violation of this section then the City will contract with a technical consultant who will provide determinations evaluating the interference, at Lessee’s sole expense. If the technical consultant finds, after thorough conclusive diagnostics that Lessee's Wireless Telecommunications Facility is interfering with the City’s equipment or antennas which have been installed and are operating in compliance with Laws, Lessee shall implement a solution in coordination with City. City shall have the right to terminate this Lease Agreement upon written notice in the event Lessee’s Facility incurably interferes with the reception or transmission of City’s communication system. Lessee shall also reimburse City for time and costs of City’s staff expended to correct any interference.

17. Non-Inte
rference by Subsequent Lessees. Any future lease of space on the Property which permits ATTACHMENT 2
346
the installation of communications equipment shall be conditioned upon non- interference with Lessee's Wireless Telecommunications Facility, except for those installations by City or other public agency. The City agrees to coordinate efficient collocation of any new equipment and antennas and to promptly resolve any interference issues that may arise due to the presence of multiple lessees. In recognition of Lessee’s critical need for a reliable communication system telecommunication services, the City agrees to take all reasonable steps to ensure that existing and future lessees will not cause interference with Lessee’s Antenna or Equipment. If interference to Lessee’s Equipment cannot be resolved, Lessee will have the option to relocate to a new location on City property, if available and not currently occupied or needed by City and to recover from the interfering party any costs associated with such relocation or, to terminate this Lease Agreement.

18. Repair.

If the Lessee damages asphalt, pavement, sidewalks, driveways, landscaping, irrigation, utility facilities, structures, or other improvements on the Property or the Leased Areas, the Lessee shall replace, repair, or restore such improvements to as close to their original condition as is reasonably possible, reasonable wear and tear, and damage from the elements excepted. The restoration work must comply will all applicable ordinances and regulations. In the event the Lessee’s damage necessitates an immediate repair by the City, or any agency operating or maintaining the Property for the City, to either protect the Property or the public’s health, safety, or welfare, the City will give the Lessee written notice of the damage and Lessee shall repair the damage within 24 hours after receiving the written notice. If the Lessee cannot repair said damage, City shall give the Lessee the circumstances requiring immediate repair, and the work be completed for the repair, and the Lessee shall then reimburse the City, or the agency operating or maintaining the Property for the City, for the reasonable repair costs within thirty (30) days following receipt of a written invoice by Lessee from City, accompanied by reasonable substantiation of any such costs. The Lessee shall maintain all such restoration for a period of one (1) year following the date the City acknowledges satisfactory completion of the work.

19. Condemnation. If all or part of the Leased Areas are taken by condemnation such that the Leased Areas are no longer usable for the purposes stated in this Lease Agreement, this Lease shall terminate unless Lessee’s Wireless Telecommunications Facility can be relocated to another location on City property acceptable to Lessee if such space is available and does not interfere with the public use of the Property.

Lessee shall be entitled only to that portion of the proceeds of condemnation which is directly attributable to the value of Lessee’s interest in this Lease Agreement

20. Assignment

(a) Prohibition Against Assignment and Encumbrance. Except for a Permitted Transfer (as defined below), this Lease Agreement and any rights or obligations of Lessee hereunder shall not be sold, assigned, transferred, leased, assigned, sublet, conveyed, hypothecated, nor shall there be any grant of licenses, franchises or concessions, nor shall title thereto, either legal or equitable, or any right or interest therein, pass to or vest in any person, either in whole or in part, or in any manner, without the prior written consent of the City. Lessee shall not allow any other person or entity to occupy or use all or any part of the Leased Areas, without first obtaining the City’s written consent.

In or
der to obtain City’ written consent for any such assignment other than a Permitted Transfer, the proposed assignee or transferee must demonstrate to the satisfaction of City that it possesses the legal, financial and technical qualifications necessary to perform all the terms, conditions and obligations under this Lease Agreement for the remaining term thereof, and such reasonable additional obligations required by the assignee or transferee by the City for the specific and limited purpose of assuring the performance of all the terms, conditions and obligations of this Lease Agreement.

Notwithstanding the foregoing, Lessee shall have the right upon notice to the City, but without the necessity of the City’ consent (each a “Permitted Transfer”) to assign, sell or other transfer this Lease Agreement (i) to any Affiliate of Lessee; or (ii) in connection with the sale, merger, or exchange of substantially all of Lessee’s assets in the FCC market area where the Property is located. An “ Affiliate” means with respect any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct the management or policies ATTACHMENT 2
347
of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. All successors to this Lease Agreement will be subject to the all terms and conditions of this Lease Agreement.

(b) Involuntary Assignment. No i nterest of Lessee in this Lease Agreement shall be assignable by operation of law, including, without limitation, the transfer of this Lease Agreement by testacy or intestacy. Each of the following acts shall be considered an involuntary assignment:

(1) If Les
see is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Lessee is the bankrupt; or, if Lessee is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors;

(2) If a writ of attachment or execution is levied on this Lease Agreement;

(3) If, in any proceeding or action to which Lessee is a party, a receiver is appointed with authority to take possession of the Leased Areas.

An involuntary assignment shall constitute a default by Lessee and City shall have the right to elect to terminate this Lease Agreement, in which case this Lease Agreement shall not be treated as an asset of Lessee.

If a writ of attachment or execution is levied on this Lease Agreement, Lessee shall have sixty (60) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Lessee, or if a receiver is appointed, Lessee shall have one hundred twenty (120) days in which to have the involuntary proceeding dismissed or the receiver removed.

21. Indemnity. Less
ee agrees to defend, indemnify, and hold City and its respective elected officials, officers, directors, employees, agents, and designated volunteers (collectively “Indemnities”) harmless from and against any and all loss, liability, damage, including reasonable attorney’s fees and court costs including expert witness fees, arising out of or related to, and to the extent caused by, the acts or omissions of Lessee, its employees, contractors, agents, representatives or designated volunteers in connection with this Lease Agreement, Lessee’s use of the Leased Areas including the installation and operation of the Wireless Telecommunications Facility, and the activities and/or operations permitted by this Lease Agreement. Such obligations to defend, hold harmless and indemnify any of the Indemnities shall not apply to the extent that such Liabilities are caused by the active negligence or willful misconduct of the Indemnities or any of them.

22. Encumbrance.

The Lessee shall pay, or cause to be paid, all costs and expenses for work done by it, or caused to be done by it, on the Leased Areas of a character which will or may result in any lien on the Property. Likewise, the Lessee shall keep the Property free and clear of any mechanic’s lien or other lien on account of work done for it or at its request. Should any claims of lien be filed and/or recorded against the Property, or any action affecting the title thereto commenced, Lessee shall give the City written notice promptly following Lessee’s knowledge thereof.

23. Insurance. Les s
ee shall procure and maintain insurance or self -insurance during the Term of this Lease Agreement in the amounts and under the terms set forth in Attachment “C” against claims that may arise from or in connection with this Lease Agreement and the installation, maintenance, and operation of the Equipment, Antenna, and Wireless Telecommunications Facility on the Leased Areas. Upon reasonable written notice, Lessee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

24. Entry by City and other lessees. Except in the event of a bona fide emergency for which no prior notice to Lessee shall be required, Lessee shall permit City, its officials, officers, employees, impacted lessee’s, agents and designated volunteers to enter into and upon Lessee’s equipment shelter upon reasonable prior written notice to Lessee (which in no event shall be less than two (2) business days prior ATTACHMENT 2
348
written notice) for the purpose of inspecting the Leased Areas, enforcing the rules and regulations under this Lease Agreement, and the posting of such legal notices as City may deem necessary or convenient.

25. Notices.

Wherever in this Lease Agreement it shall be required or permitted that notice or demand be given or served by either party to this Lease to or on the other, all notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows:

City: Property Manager
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550
Lessee:

With copy
to:

Any party
may change such address or contact person by written notice by registered mail to the other.

26. Holding Ov
er. Any holding over after the expiration of the Term of this Lease Agreement, with the consent of the City, shall be construed to be a tenancy from month to month at a monthly rate equal to 110% of the previous month’s rent, and shall otherwise be on the same terms and conditions herein specified so far as applicable. Following termination or expiration of this Lease Agreement, the Lessee shall be responsible for the payment of Rent to the City until such time as the Equipment is removed from the Leased Areas and the Leased Areas are restored as provided for in Section 29.

27. Modific
ation. This Lease Agreement may only be modified or amended by written agreement signed by all parties hereto, except that the number of extensions and the length of the initial term and extensions shall not be modified.

28. Default and Term
ination. During the Term of this Lease Agreement, City shall have the right to terminate Lease Agreement following an uncured default by Lessee of any material term of this Lease Agreement in accordance with this Section. Lessee shall have thirty (30) days following receipt of written notice from City to cure any such default, provided that if the nature of the default is such that additional time beyond thirty (30) days is needed to complete the cure, then no default shall be deemed to have occurred as long as Lessee has commenced to cure such default in good faith within such thirty (30) day period, and thereafter diligently prosecutes the cure to completion. Lessee, shall have the right to terminate this Lease upon 90 days written notice to City, if the approval of any agency, board, court, or other government al authority necessary for the construction and/or operation of the Wireless Telecommunications Facility is revoked or withdrawn so long as the Lessee pays City a termination fee equal to nine (9) months’ Base Rent, at the then-current rate.

29. Removal,
Restoration and Surrender of Leased Areas.
(a) All por
tions of the Wireless Telecommunications Facility brought onto the Property by Lessee will be and remain Lessee’s personal property and, at Lessee's option, may be removed by Lessee at any time during the Term subject to the termination section. City covenants and agree that no part of the Wireless Telecommunications Facility constructed, erected or placed on the Leased Areas by Lessee will become, or be considered a part of, the Property, it being the specific intention of City that all improvements of every kind and nature constructed, erected or placed by Lessee on the Leased Areas will be and remain the property of Lessee. Within one hundred twenty (120) days of the termination of this Lease Agreement, Lessee will surrender the Leased Areas to the City, remove all of Lessee’s improvements and Lessee will, to the extent reasonable, restore the Leased Areas to their conditions on the Effective Date, reasonable wear ATTACHMENT 2
349
and tear and loss by casualty or other causes beyond Lessee’s control excepted. Lessee shall perform all restoration made necessary by the improvements or alterations or by the removal the Wireless Telecommunications Facility, connections, and other components of the Wireless Tel ecommunications Facility within the time periods stated in this Section. Lessee shall be liable to City for costs for storing, removing, and disposing of any improvements, alterations, Equipment, or Antenna that are not removed within the 120-day period.

(b) City may agree in writing to allow the Lessee to satisfy its obligation to remove the Wireless Telecommunications Facility, connections, and other components of the Wireless Telecommunications Facility by abandoning them in place. The City’s written approval for the abandonment, if exercised, will be contingent upon Lessee satisfying such other terms and conditions as the City may impose, which at a minimum must include:

(1) The Wireless Telecommunications Facility and its connections are abandoned in the manner prescribed by the Community Development Director; and,

(2) Lessee submits to City an instrument in writing, approved by City Attorney, transferring ownership of the Facility and connections, and other components of the Wireless Telecommunications Facility in their AS IS and WHERE IS condition without representation or warranty of any kind or nature whereupon Lessee shall have no further responsibility for the maintenance, repair or removal related thereto.

Lessee waives all claims against City for any damage to Lessee resulting from City’ retention or disposition of any such improvements, alterations, Equipment, Antenna, connections, or portion of the Wireless Telecommunications Facility.

(c) City waives any and all lien rights it may have, statutory or otherwise, concerning any portion of the Wireless Telecommunications Facility, all of which shall be deemed personal property for purposes of this Lease Agreement, regardless of whether any portion is deemed real or personal property under applicable law.

30. Warranties. Cit
y represents, warrants and agrees that: (i) City solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license and (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Lessee’s permitted use and enjoyment of the Leased Areas under this Lease Agreement.

31. Casualty. C
ity will provide notice to Lessee of any casualty or other harm affecting the Leased Areas within forty-eight (48) hours of the casualty or other harm. If any part of the Wireless Telecommunications Facility or Leased Areas are damaged by casualty or other harm as to render the Leased Areas unsuitable, in Lessee’s sole determination, then Lessee may terminate this Lease Agreement by providing written notice to City, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Lessee will be entitled to collect all insurance proceeds payable to Lessee on account thereof and to be reimbursed for any prepaid rent on a pro rata basis. City agrees to permit Lessee to place temporary transmission and reception facilities that can be easily moved to accommodate construction activities (e.g., cell on wheels or COW) on the Areas, but only until such time as Lessee is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Lease Agreement, such temporary facilities will be governed by all of the terms and conditions of this Lease Agreement, including Base Rent. If City or Lessee undertakes to rebuild or restore the Areas as applicable, they agree to permit Lessee to place temporary transmission and reception facilities on City property in the vicinity subject to the Lessee obtaining any necessary governmental approvals. If City determines not to rebuild or restore the Areas or Wireless Telecommunications Facility , City will notify Lessee of such determination within thirty (30) days after the casualty or other harm. City agrees that the Base Rent shall be abated until the Areas are rebuilt or restored, unless Lessee places temporary transmission and reception ATTACHMENT 2
350
facilities on the Property.

32. Gener
al Provisions.
(a) Ti
me of the Essence. Time is of the essence of each provision of this Lease Agreement. (b) R
elationship of the Parties. Nothi ng contained in this Lease Agreement shall be deemed or construed by the parties or by a third party to create the relationship of principal and agent, and/or of partnership, and/or of joint venture, and/or of any association between the parties. (c) Ent
ire Agreement. This instrument, including any attachments hereto, constitut es the entire agreement of the parties relating to the subject matter of this Lease Agreement and correctly sets forth the rights, duties and obligations of each party to the other. (d) Pa
rtial Invalidity. If an y provision or portion of this Lease Agreement shall be deemed invalid by a court of competent jurisdiction, it is agreed that such invalidity shall affect only such provision or portion thereof, and the remainder of this contract shall remain in force and effect. (e) Cal
ifornia Law. This Lease Agreement shall be governed by and construed in accordance with the laws of the State of California.
(f) R
eview of Lease Agreement. Each party to this Lease Agreement declares that prior to the execution of this Lease Agreement, each party had the opportunity to seek the independent advice of counsel and that they apprised themselves of sufficient relevant information in order that they might intelligently exercise their own judgment in deciding whether to execute this Lease Agreement. Each party agrees that they have completely read and understood the Lease Agreement, know the contents thereof, and have signed the Lease of their own free will and free of any duress. No single party has drafted this Lease Agreement and it shall not be interpreted against any party as the drafting party. (g) P
erformance Excused. The Parties shall be excused from performance, as hereunder agreed to, if such performance is rendered impossible, impractical, or unreasonably difficult by, but not limited to, any strike, lockout, labor disturbance of any kind, civil commotion, war, acts of terrorism, shortage of any supply or labor, shortage of water, weather, Act of government authority, enactment or change in laws or regulations, breakdown of facilities or any cause outside of the Parties’ control. (h) Captions. The captions of this Lease Agreement shall have no effect on its interpretation. (i) Singular and Plural. When required by the context of this Lease Agreement, the singular shall include the plural.
(j) Joint and Several Obligations. “Party” or “Parties,” unless otherwise stated, shall mean the City and Lessee.
(k) Waiver. A term or condition of this Lease Agreement may be waived at any time by the party entitled to the benefit thereof, but no suc h waiver shall affect the right of the waiving party to require observance, performance or satisfaction either of that term or condition as it applies on a subs equent occasion or of any other term or condition. Lessee shall not be excused from complying with any of the terms and conditions of this Lease Agreement by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms and conditions. (l) Attachments. All attachments referred to in and attached to this Lease Agreement are incorporated by reference as though set forth in full.

ATTACHMENT 2
351
(m) Attorney’s Fees and Costs. If any party commences an action against another party to enforce this Leas e Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs of suit, investigation costs and discovery costs, including costs of appeal.

ATTACHMENT 2
352
IN WITNESS WHEREOF, the parties to this Lease Agreement have executed this Lease Agreement as of t
he dates set forth below.

Dated: _____________________, 20XX Wireless Carrier
By:

It
s: Manager
By:
_____________________________
Print Name: ______________________
Dated: _____________________, 20XX City of Livermore
By: ____________________________
M
arianna Marysheva
City Manager
Approved as to Form:

By: ____________________________
S
enior Assistant City Attorney
Attachments:

A. Property
B. Leased Area and Proposed upgrade with Equipment
C. Insurance
ATTACHMENT 2
353
[legal description of the Property to be attached]
(Verizon to provide property legal description for Property as defined in Lease Agreement)
ATTACHMENT 2

PROPERTY
Attachment A
354
L
EASED AREA – AND PROPOSED UPGRADE WITH EQUIPMENT
Attachment B
[
Approved 8.5x11 plans to be provided by Carrier]
ATTACHMENT 2
355
INS

URANCE REQUIREMENTS
Attachment C
INS

URANCE REQUIREMENTS
Lessee shall procure and maintain for the duration of the Lease Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Lessee, its agents, representatives, or employees.

M
inimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence f orm C G 0001)
.

2. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Insurance Services Offices Property Broad Cause of Loss (form CP 10 20). (To be used if project award Funds are used for purchase of or remodeling of structure.) Li
mits of Insurance
Lessee shall maintain limits no less than:

1. General Liability, including operations, products and completed operations, as applicable:
$5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$2,000,000 per accident for bodily injury and property damage.

3. Employer's Liability:
$1,000,000 per accident for bodily injury or disease.

4. Property Insurance: 100% of the replacement value with no coinsurance penalty provision. (To be used if project award Funds are used for purchase of or remodeling of structure).

Lessee may self-insure this coverage.

5. Workers’ Compensation:

Statutory as required by the State of California. A waiver of subrogation is required for Workers’ Compensation insurance.

D
eductibles and Self-Insured Retention
Any self-insured retention must be declared to and approved by the City of Livermore. At the option of the City of Livermore, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City of Livermore, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City of Livermore guaranteeing payment of losses and related investigations, claim administration and defense expenses. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

ATTACHMENT 2
356
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The C
ity of Livermore, its officers, officials, employees and designated volunteers, as well as any other agency operating or maintaining the Property for the City or tenant occupying the Property that is designated by the City, are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Lessee; or automobiles owned, leased, hired or borrowed by Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the insureds.

2. For any claims related to this project, Lessee's insurance coverage shall be primary insurance as respects the City of Livermore, its officers, officials, employees and volunteers, as well as any other agency operating or maintaining the Property for the City or tenant occupying the Property that is designated by the City. Any insurance or self -insurance maintained by t he
C
ity of Livermore, its officers, officials, employees or volunteers, and any other agency operating or maintaining the Property for the City or tenant occupying the Property that is designated by the City, shall be excess of Lessee's insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect coverage provided to the City of Livermore , its officers, officials ,
em
ployees or volunteers, or any other agency operating or maintaining the Property for the City or tenant occupying the Property that is designated by the City.

4. The Wireless Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Lessee shall provide at least thirty (30) days' prior written notice by mail to the City of Livermore or cancellation of any required coverage that is not replaced.

The
City shall not be liable for any consequential loss sustained by Lessee. City shall not be liable for any loss of Lessee’s personal property. Notwithstanding the forgoing, Lessee may, in its sole discretion, self insure any of the required insurance under the same terms as required by this Lease Agreement. In the event Lessee elects to self-insure its obligation under this Lease Agreement to include City as an additional insured, the following conditions apply:
(
i) Cit
y shall promptly and no later than thirty (30) days after notice thereof provide Lessee with written notice of
any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Lessee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like;
(ii) City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Lessee; and
(iii)
Cit
y shall fully cooperate with Lessee the defense of the claim, demand, lawsuit, or the like.

Acceptability of Insurers
If the insurance company providing coverage is eligible to do business in the State of California, the company shall have an A.M. Best rating of not less than A-: X.

Verification of Coverage
Lessee shall furnish the City of Livermore certificates of insurance and endorsement(s) evidencing coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences.

ATTACHMENT 2
357

POLICY FOR LEASING CIT

Y-OWNED PROPERTY FOR WIRELESS

TELECOMMUNICATION FACILITIES

To meet this goal, thise policy identifies appropriate sites and design standards for establishing telecom facilities on City property. The policy is intended to streamline the permit approval process for telecom facilities on preselected City-owned properties. It is not intended to supersede the Livermore City’s Development Code (LDC), as it exists now or is amended in the future, or any other local, state, or federal code regulating telecom facilities.

Location
Several City-owned properties are desirable sites for telecom facilities for several reasons, including their location, relatively large size, quantity of open space, and the convenience of a single property owner representing multiple properties throughout the City. The inventory of City-owned property was studied to identify appropriate sites for wireless telecom facilities. The sites were selected using the following criteria:
• Visual impact. The site is cond ucive uctive to placing the telecom facility into the existing environment in a visually unobtrusive manner.
• Access. The site must be accessible to the telecom operator for maintenance and repair allowing access by a service vehicle as necessary. • Sufficient buffer or setback. There is suffi cient space on the site to provide adequate setback/ buffer from adjacent uses.
• Compatibility with existing use. The tele com facility must not impede existing and/or planned use of the property and surrounding land.
• Sensitive receptors on adjacent properties. Sites close to dense population with nearby residences, schools, biological habitat, and scenic vistas should be avoided evaluated by the applicant and a Alternative Sites Analysis should be provided 1 Wireless telecommunication facilitiesy is defined as a land use that consists of one or more antennas and antenna supporting structures, accessory equipment, buildings or cabinets/ fences, and any related components that are used to send or receive limited range radi o frequency signals for commercial ce llular telephone service, personal communications service, Internet access service, or other video, voice or data communication services.

ATTACHMENT 3
358
wherever possible. However, in areas where there is no better alternative, Aa site may be selected near a sensitive receptor if alternative sites are deemed infeasible. • Proximity to telecom users. Sites near transportation corridors and dense population are preferable for their ability to cover more telecom users. • The lack of other viable sites in the area. In some areas of the Ccity very few sites meet all the criteria above. In such areas, City owned properties, such as parks, are often the best alternative with the least potential for visual impact on the environment.

City-owned properties were evaluated based on the above criteria and the following sites described below, were identified as desirable locations for telecom facilities. Where appropriate, further details are given regarding the specific location within the property and requirements for colocating on an existing structure and/or the type of pole to be constructed for the specific site.

Pre-Selected Sites:

1. Water Tanks and Communications Towe r. Doolan Road. Loc ate antennas on existing communication tower, replace exis ting tower with a slim-line pole, or construct a new slim-line pole near the existing tower or lattice tower if necessary.

2. Water Tank Site. Dalton Road. Locat e antennas on a new slim-line pole or a new camouflage tree pole outside of the interior security fence. Ground equipment should be screened by evergreen plants.

3. Las Positas Gol f Course. 917 Clubhouse Driv e. Locate antennas on a new camouflage tree pole near maintenance building or on poles supporting nets at the driving range. Gro und equipment should be scr eened by evergreen plant material.

4. Springtown Open Space (former Springt own Golf Course). 939 Larkspur Drive.

Locate antennas on a new slim-line pole or a camouflage tree pole near the maintenance building at the north end of the open space. Ground equipment should be screened by evergreen plant

5. Civic Center. 1188 South Livermore Avenue. Locate antennas on a new slim- line pole behind library (east of building). Ground equipment should be screened by evergreen plants.

6. Water Treatment Plant. 101 W. Jack Londo n Boulevard. Co-locate on existing structures or new monopole in interior of the site.

7. Livermore Valley Center Parking Garage. 2350 Railroad Avenue. Co-located on parking structure or a new slim line monopole on the north side of the property, near the railroad.

ATTACHMENT 3
359

8. Cayetano Park. Portola Avenue, east of Isabel Avenue. Locate antennas on sports field lights.

9. Ernie Rodriguez Sports Fields at Robertson P ark. South Livermore Avenue, north of Concannon Boulevard. Locate antennas on sports field light poles.

Ground-mounted equipment shall be screened by opaque
fence or wall. :,,a

10. Independence Park. 2798 Holmes Street. Locate antennas on new camouflage tree pole north of parking lot. Ground-mounted equipment shall be screened by evergreen plants.

11. William Payne Sports Par k. 5800 Patterson Pas s Road. Locate antennas on new sports field light poles or new slim-line pole. (Cur rently there are no sports field lights at the park, but lights are in the LARPD Master Plan as a planned improvement.)

12. Robert Liv ermore Park. 4444 E ast Avenue. Locate antennas on a new camouflage tree pole in the interior of the park near existing trees, on rooftop at the rear of the Robert Livermore Community Center building, or on new field lights. Roof top antennas m ust be located within an ar chitecturally integrated screen.

13. May Nissen Park/ Rincon Library. 685-725 Rincon Avenue. Locate antennas on a new camouflage tree pole west of the library building. Ground equipment should be screened by ever green plants. Alternatively, new sports field or swimming pool lights may be constructed to s upport new antennas. Ground equipment near the swimming pool or basketball courts may be screened by an opaque wall or fence.

14. Mocho Park. 1174 Mocho Street. Locate new pole and associate equipment to the northwest corner of the site near existing trees. Ground mounted equipment shall be screened by evergreen plants.

The exact location of the telecom facility shall be determined by the City with each individual application for entitlements. The types of poles noted above are recommendations. The City may approve an alternative design if in accordance with LDC Section 6.02.100 Wireless Telecommunication Facilities, it is justified per the
Wireless Telecommunication Facilities section of the Development Code (LDC 6.02.100), as it exists now or is amended in the future. The telecom facility shall be sited so it does not interfere with the primary use of the property. Gro und-mounted support equipment at all sites must be screened from public view.

These pre-selected sites have been assessed as appropriate locations for a telecom facility and review will focus mainly on the details of each specific proposal.

ATTACHMENT 3
360
Telecom fa
cilities proposed on City-owned property not identified as a pre-selected site may still be considered with the approval of a Planni ng Entitlement following the requirements of the Development Code, as it exists now or is amended in the future. Design Each site requires its unique set of design standards based on the surrounding context. For example, a telecom facility designed to appear like a tree is appropriate for a site that has trees of comparable height as the proposed pole. But an imitation tree-pole may not be appropriate in a developed area barren of trees. When an imitation tree-pole is proposed, it must match the appearance of the natural trees in the immediate vicinity, as much as feasible, as determined by the City. and upon a determination by the City.. The amount of branches and foliage must be of sufficient density to effectively screen the antennas and other pole-mounted equipment, as determined by the City.

Ground-mounted equipment must also be designed and/or screened to have the least possible visual impact on public areas. The design intent for each site is to blend a telecom facility into the existing context in the most aesthetically sensitive manner possible. The project is expected to conform to the design standards for a telecom facility as set forth in the Development Code (LDC Section 6.02.100), as it exists now or is amended in the future.

Permitting
New telecom facilities on City-owned property will be required to go through the appropriate entitlement process required by the Development Code, as it exists now or is amended in the future. Prior to construction, a Building Permit is required for a new telecom facility. All telecom facilities on City property must conform to the LDCDevelopment Code, Building Code, the California Environmental Quality Act (CEQA) and all applicable focal, State, and Federal regulations.

Applications to locate telecom facilities on buildings or structures owned and maintained by the Livermore Area Recreation and Park District (L ARPD) on land owned by the City must receive the written approval from LARPD prior to permit issuance.

Telecom facilities proposed on City property that are not a pre-selected site can be considered in accordance with the requirements of the LDC Development Code , as it exists now or is amended in the future. However, these sites may possess difficult land use and design issues that are not present on the preferred sites and, therefore, may require additional effort by the applicant to conform to the standards set forth in the LDC Development Code, as it exists now or is amended in the future.

The Community Development Director is authorized to determine the appropriateness of such sites for leasing pur poses. Such sites will be required to go through the appropriate entitlement process as required by the LDCDevelopment Code, as it exists now or is amended in the future.

ATTACHMENT 3
361
Modifications to an existing facility or co-location of additional equipment on an existing facility will
be required to go through the appropriate entitlement process as required by the LDC. Development Code.

Leasing
The telecom operator must enter into a lease agreement with the City for the use of City- owned property. Each individual lease shall be negotiated separately and as the City acting in its proprietary capacity as a California municipal corporation. Separate negotiations for the lease document are based on the model lease agreement approved by the City Attorney. Any amendments to the model lease agreement shall be subject to review and approval
by the City Attorney.prepared by the City. The City Manager is authorized to sign the lease on the City's behalf for telecom facilities on pre-selected sites. The City Manager is also authorized to sign the lease on the City's behalf for telecom facilities on all other City owned properties that meet the objectives of this policy as determined by the
Community
Development Director, are in accordance with the standards outlined in the Development Code, and serve the community
need for telecommunication services.

Lease rates for each location shall be based on comparable market rates at the time of executing the lease. The initial term of the lease shall be five years, unless the City and the telecom operator mutually agree to a different term. The lease shall include the following standard provisions:
• The telecom facility must not interfer eence with public safety frequency • The telecom facility must comply with FCC rules and regulations • The lessee must maintain the facility in good condition • The lessee must remove the facilit y if abandoned and return the site to previous conditions
• The lessee must obtain and pay for required land use entitlements and comply with the conditions of approval
• The lessee must bear all construction co sts, including extension of utilities, and install separate utility meters
• The lessee must repair damage to city property and, when applicable, LAPRD property
• The operation, maintenance, and acce ss to/from the telecommunications facility shall not materially interfere with the operation, security and maintenance of any City or LARPD facility
• The lease must be amended if the fac ility is expanded and/or equipment is added, unless the lease specifically states otherwise
ATTACHMENT 3
362
ATTACHMENT 3
Revenue-Sharing with LARPD
For City-owned Park land that is operat ed and maintained by the Livermore Area Recreation and Park District (LARPD), the lease shall be between the City and the telecom operator. A telecom facility app lication at a park operated and maintained by LARPD will be sent to the LARPD G eneral Manager for review and comments, before the City makes a decision on the l and use entitlement(s). Furthermore, the City s hall set aside a porti on of the lease payment to LARPD per an appr oved Revenue-sharing agreement.

The specific terms for the sharing of revenue shall be established in a Revenue-Sharing Agreement between the City and LARPD, subject to the approval by the City Council and the LARPD Board.
363
RESOLUTION NO. ______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING POLICY (POL) 23-001 REVISING THE CITY OF LIVERMORE’S EXISTING POLICY FOR LEASING CITY-OWNED PROPERTY FOR

WIRELESS TELECOMMUNICATION FACILITIES
Location: Citywide
On June 14, 2010, the City Council directed staff to develop a policy for leasing City-owned property for wireless telecommunications facilities.

On December 10, 2010, the City Council adopted the City of Livermore’s (“City”) existing policy.

The Federal Communications Commission (FCC) encourages private companies to develop innovative services for all markets. City staff has prepared an update to the existing policy to respond to innovation in telecommunication technology and an increase in market demand for telecommunication services in the City.

Upon the recommendation of the Planning Commission and staff, the City initiated application Policy (POL) 23-001 for the proposed revisions to the existing policy for leasing City-owned property for Wireless Telecommunication Facilities (“Project”).

The revised policy provides guidance on the use of City-owned property for wireless telecommunication facilities ("Telecom Facilities").

The revised policy identifies 14 pre-selected City-owned sites for locating Telecom Facilities and authorizes the City Manager to sign leases on behalf of the City Council for Telecom Facilities on pre-selected sites. Staff has proposed the following changes to the existing policy:

1. Authorize the City Manager to sign all leases for Telecom Facilities. The existing policy states that the City Manager is authorized to sign leases on the City's behalf for pre-selected sites and that City Council must sign leases for all other City properties. The proposed revision streamlines the lease execution process while continuing to support the City’s and LARPD’s objectives.

2. Add Mocho Park to the list of pre-selected sites. Increasing demand for telecommunications services has necessitated additional Telecom Facilities.

Adding Mocho Park to the list of pre-selected sites streamlines the leasing process while still requiring any Telecom Facility to obtain all necessary land use entitlements.

These sites were selected for the appropriateness to accommodate Telecom Facilities. The policy streamlines the permitting and leasing process for applications at 364
RESOLUTION NO. ______
these pre-selected sites. Each telecom lease will generate approximately $2,000 to $4,000 per month, which will cover the administrative cost of negotiating and administering the lease.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:

1. The City Council reviewed the written staff reports, took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.

2. The City Council considered the Record Evidence and finds that the adoption of the proposed policy is not a project as defined in the California Environmental Quality Act (CEQA) Guidelines Section 15378 since “project” does not include continuing administrative or maintenance activities such as general policy and procedure making.

3. The City Council considered the findings made in the Planning Commission Resolution No. 05-23, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them as their own findings as part of this resolution.

4. By the City Council’s own independent review of the Record Evidence and considerations, the City Council hereby approves Policy (POL) 23-001.

5. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed policy.

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore California.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on April 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
365
RESOLUTION NO. ______
ATTEST: APPROVED AS TO FORM:
/s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Planning Commission Resolution No. 05-23
Exhibit B – Planning Commission Staff Report
Exhibit C – Planning Commission Minutes
366

EXHIBIT A
367
administrative or maintenance activities which exempts general policy and procedure making.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Livermore
recommends the City Council adopt a resolution approving Policy (POL) 23- 001 revising the City's Existing Policy for Leasing City-Owned Property for Wireless Telecommunication Facilities with the recommendation that the Council consider alternate fuel source generators instead of diesel generators in the lease template .

The documents that constitute the record of proceedings upon which this decision is
based can be found in the Planning Division Office, 1052 S. Livermore Avenue, in Livermore California.

On the motion by Commissioner Dunbar, seconded by Commissioner Kronzak, the foregoing resolution was passed and adopted on March 21, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ANDESON, DUNBAR, FINTSCHENKO, KRONZAK, LEARY.

NONE.

Daniel Leary, Chairperson
�wart, Pl nning Manager
Secretary to the Planning Commission
RESOLUTION NO. 05-23
EXHIBIT A 368
PLANNING COMMISSION STAFF REPORT ITEM NO. 6.1
DATE: March 21, 2023
TO: Chairperson and Members of the Planning Commission
FROM: Steve Stewart, Planning Manager
SUBJECT: Resolution recommending the City Council approve revisions to the existing Policy for Leasing City-Owned Properties for Wireless Telecommunication Facilities.

ECOMMENDED ACTION
S
taff recommends the Planning Commission adopt a resolution recommending that the City Council approve Policy (POL) 23-001 revising the City's existing Policy for Leasing City-Owned Property for Wireless Communication Facilities.

SUMMARY
Staff is recommending revisions to update the existing policy regarding the use of city-owned property for wireless telecommunication facilities (hereafter referred to as "telecom facilities"). The policy identifies 14 pre-selected city-owned sites that were selected for their suitability to accommodate telecom facilities.

The policy streamlines the permitting and leasing process for applications at these pre-selected sites and authorizes the City Manager to sign leases on behalf of the City Council that meet the policy’s objectives.

Each telecom lease can potentially generate between $1,500 to $4,000 monthly, which will cover the administrative cost of negotiating and administering the lease. The city is currently in process of negotiating and finalizing multiple leases.

In summary, the proposed update would increase efficiency for providing the community with wireless telecommunication service with minimal aesthetic or operational impact on the community.

DISCUSSION

BACKGROUND
O
n June 14, 2010, the City Council directed staff to develop a policy for leasing city-owned property for wireless telecommunication facilities. On December 10, 2010 the City Council adopted the policy (see attachment 3). The Federal Communications Commission (FCC) encourages private companies to develop innovative services for all markets. Staff has prepared an update to the existing policy to respond to innovation in telecommunication technology and an increase in market demand for telecommunication services in the city.

EXHIBIT B
369

PROJECT DESCRIPTION

The purpose of the policy is to facilitate the siting and permitting of wireless telecommunication facilities on city-owned property to meet the communication needs of the community with minimal aesthetic impacts on the environment. The proposed policy, as updated, continues to provide guidance on locating wireless telecommunication facilities on city-owned properties.

Staff recommends the following changes to the existing policy:

1. Authorizes the City Manager to sign all leases for telecom facilities. The existing policy states that the City Manager is authorized to sign leases on the city's behalf for pre-selected sites and that City Council must sign leases for all other city properties. The proposed change streamlines the lease execution process while continuing to support the city’s and LARPD’s objectives.

2. Add Mocho Park to the list of pre-selected sites. Increasing demand for telecommunications services has necessitated additional telecom facilities. Adding Mocho Park to the list of pre- selected sites streamlines the leasing process while still requiring any telecom facility to obtain all necessary land use entitlements.

The leasing policy is intended to work in conjunction with the Wireless Telecommunication Facilities Ordinance (Telecom Ordinance, Livermore Development Code section 6.02.100) as it exists now or is amended in the future). The policy does not supersede the Telecom Ordinance or any other regulations.

Rather, it is intended to augment the Telecom Ordinance for telecom facilities on city-owned sites.

A major component of the policy is the list of selected sites that have been identified to be appropriate locations for telecom facilities. The following city-owned sites were identified as desirable sites for telecom facilities.

Pre-Selected Sites:

1. Water Tanks and Communication Tower, Doolan Road

2. Water Tank Site, Dalton Road

3. Las Positas Golf Course

4. Springtown Golf Course

5. Civic Center, 1188 South Livermore Avenue

6. Water Treatment Plant, 101 West Jack London Boulevard

7. Livermore Valley Center Parking Garage, 2350 Railroad Avenue

8. Cayetano Park, Portola Road and Kitty Hawk Road

9. Ernie Rodrigues Sports Fields at Robertson Park

10. Independence Park, 2798 Holmes Street

11. William Payne Sports Park, 5800 Patterson Pass Road

12. Robert Livermore Park, 4444 East Avenue

13. May Nissen Park/Rincon Library, 685-725 Rincon Avenue

14. Mocho Park, 1130 Mocho Street

Telecom operators will be required to obtain the necessary permits to establish a telecom facility on all sites. Telecom companies can still request to locate on other city properties not listed above that meet the objectives of this policy and the Telecom Ordinance (as it exists now or is amended in the future).

EXHIBIT B
370

To streamline the leasing and permitting process, the proposed policy update will allow the City Manager to sign leases on behalf of the City Council for telecom facilities on pre-selected sites and all other city owned properties that meet the objectives of this policy as determined by the Community Development Director.

The policy sets forth standard lease terms for telecom facilities to ensure the facility does not interfere with city emergency and safety radio frequency services, is properly maintained, and is in compliance with all applicable regulations.

Half of the sites on the pre-selected sites list are parks that are owned by the city and maintained and operated by the Livermore Area Recreation and Park District (LARPD). The proposed policy states the city will share the revenue generated from the telecom lease payments with LARPD at these city-owned park sites. The specific terms for sharing the revenue are part of a separate revenue sharing agreement between the city and LARPD.

STAFF ANALYSIS

Wireless telecommunication facilities are a commonplace feature of the modern landscape. They are necessary features to serve the demand for wireless phone and data service. The proposed policy would establish a proactive, forward-looking plan for locating telecom facilities on city-owned property.

Furthermore, the policy guides telecom operators to the pre-selected sites through incentives, including the prospect of a streamlined permitting and leasing process. The policy would also save telecom operators the time and expense of searching for potential sites.

The city would receive revenue generated through lease payments for telecom facilities located on city property. Currently, telecom leases can range from $2,000 to $4,000 a month to the city. Telecom companies would be responsible for construction, maintenance, and operation of the facility and all associated costs. The city would also be able to ensure the facilities are operated and maintained properly and in compliance with all required permits and approvals. This extra oversight would be a benefit to the community by ensuring the aesthetics of the facilities are maintained.

The proposed policy is for leases between the city and a private party and is a regulatory document. The proposed policy is consistent with the Infrastructure and Public Services Element of the General Plan and aligns with General Plan objectives (e.g., INF-4.1 and 4.2). It would ensure telecommunication services can be provided to Livermore’s growing population in a manner that is fiscally and environmentally responsible, aesthetically acceptable, and safe. The policy will focus on balancing the public’s need for reliable telecommunication services and Livermore’s natural environment through the entitlement and permitting process.

OTHER AGENCY COMMENTS

The proposed policy is a result of collaboration between city and LARPD staff. LARPD is supportive of the policy, including the preselected site list with six park sites, and the revenue-sharing concept. LARPD also suggested adding Mocho Park to the pre selected list. The policy does not grant the city any property rights that it does not already have; it provides ground rules for leasing city-owned property for telecom facilities, including the participation of LARPD in the review of all applications proposed on city-

EXHIBIT B
371
owned, LARPD-managed properties. Furthermore, the policy states that telecom facilities must not interfere with the primary use of the property, including any park functions. City staff will continue to work with LARPD staff on the revenue-sharing agreement, which will be presented to the City Council following the approval of the proposed leasing policy.

ENVIORNMENTAL DETERMINATION

The proposed policy is not a project under the California Environmental Quality Act (CEQA) Guidelines Section 15378 and involves continuing administrative or maintenance activities such as general policy and procedure making. The policy, as a property management document, does not have any environmental impacts beyond the impacts considered in the initial study and negative declaration for the Wireless Telecommunication Facilities Ordinance. Furthermore, individual applications for entitlements on city-owned property will be subject to CEQA requirements.

ATTACHMENTS

1. Map of Pre-Selected Telecom Sites

2. Proposed Policy and Lease Template

3. Existing Policy

4. Resolution of Approval

Prepared by: Kam Purewal
Associate Planner

EXHIBIT B
372
PLANNING COMMISSION MINUTES 1 March 21, 2023
DRAFT

PLANNING COMMISSION

REGULAR MEETING MINUTES
March 21, 2023

1. CALL
TO ORDER – The meeting of the Planning Commission was called to order by Chairperson Daniel Leary at 7:08 p.m., in-person.

ROL
L CALL – Present were Chairperson Daniel Leary; CM Jacob Anderson, CM Steven Dunbar, CM Yolanda Fintschenko, CM Tracy Kronzak.

Al
so present were: Planning Manager Steve Stewart, Senior Assistant City Attorney Kim Cilley, Economic Development Manager Andy Ross, Associate Planner Kam Purewal, and Division Clerk Michele Donley
PLEDGE OF ALLEGIANCE – Led by Chairperson Leary.

2. OPEN F
ORUM
Ther
e were no speakers.

3. CONS
ENT CALENDAR – None.

4. PRO
JECT REVIEW – None.

5. PUBL

IC HEARINGS

5.1 H
earing to receive public comment on the Notice of Preparation of an Environmental Impact Report for Livermore General Plan 2045, also known as Imagine Livermore 2045.

Re
commendation:

St
aff recommends the Planning Commission receive public comments regarding the Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the Livermore General Plan 2045, also known as Imagine Livermore 2045. No action by the Planning Commission is required for this item. The Planning Commission will review and make a recommendation regarding the General Plan Update and the related EIR at a future public hearing.

EXHIBIT C
373

PLANNING COMMISSION MINUTES 2 March 21, 2023
DRAFT

Economic Development Manager Andy Ross gave an overview of the staff report. Staff recommends the Commission receive public comments regarding the NOP of the EIR for the General Plan, aka Imagine Livermore 2045. He described the General Plan update, the programmatic level EIR, the scoping process, CEQA, study of policies, goals and objectives, the General Plan study area, issuance of the NOP which starts the EIR process for public comments, topics evaluated by PlaceWorks, circulation of and further comments for the Draft EIR, and recommendation to the Council to certify the EIR.

He concluded his presentation and suggested the Commission take any public comments.

Chairperson Leary opened the public comment period, and there were no speakers.

CM Dunbar asked, and Mr. Ross described how transportation elements work for the EIR in terms of policies, mitigation measures, and improvements.

CM Kronzak asked staff to discuss how this EIR might interface with the Climate Action Plan (CAP) that was just adopted by the City Council. Mr. Ross said the General Plan includes land use planning and policies, and regulatory requirements.

Planning Manager Stewart said having an adopted CAP enables staff to look back and compare and adhere to more detailed measures in the CAP and clarify the broader policies to be implemented.

CM Fintschenko referred to questioned the expertise of those evaluating each element.

Mr. Ross said the project team is composed of City staff, consultant team having expertise in land use, transportation planning, environmental review, and other resources. The entire team puts together the plan and there are external guidance documents they rely on, as well as regulatory agencies to meet thresholds, determine impacts, and mitigation measures.

CM Anderson said he knows there will be a Draft General Plan before them, and he asked what would happen if something changes the draft that requires changing the scoping.

Mr. Ross commented on the amount of review by various commissions, consultants, and others, and said the analysis is broad. They evaluate focus areas against changes as it relates to the existing landscape.

CM Anderson asked and confirmed that transportation and VMT are reviewed as part of the analysis.

6. MATTERS FOR CONSIDERATION

EXHIBIT C
374

PLANNING COMMISSION MINUTES 3 March 21, 2023
DRAFT

6.1 Resolution recommending the City Council approve revisions to the existing Policy for Leasing City-Owned Properties for Wireless Telecommunication Facilities.

Livermore City CouncilApril 24, 2023

Livermore City Council
April 24, 2023